BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
AGENDA
Regular Meetings of the Board of Directors and the External Affairs and Finance and Audit Committees Special Meeting of the Operations Committee AC Transit General Offices 2nd Floor Board Room 1600 Franklin Street Oakland, CA 94612
Wednesday, March 27, 2013, at 5:00 p.m. Closed Session: 4:00 p.m. (Items 8A-8E)
Committee meetings will commence when the Board of Directors recesses to a Committee of the Whole
MEMBERS OF THE BOARD OF DIRECTORS GREG HARPER, PRESIDENT (WARD 2) JOE WALLACE, VICE PRESIDENT (WARD 1) ELSA ORTIZ (WARD 3) MARK WILLIAMS (WARD 4) JEFF DAVIS (WARD 5) JOEL YOUNG (AT-LARGE) H. E. CHRISTIAN PEEPLES (AT-LARGE) Teleconference/Videoconference: H. E. Christian Peeples, Director At-Large 68 Rue Escudier, 5 GG, 92100 Boulogne Billancourt, France BOARD OFFICERS DAVID J. ARMIJO, GENERAL MANAGER KENNETH C. SCHEIDIG, INTERIM GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY STANDING COMMITTEES MEETING DAYS* nd Planning Committee 2 Wednesday nd Operations Committee 2 Wednesday th External Affairs Committee 4 Wednesday th Finance and Audit Committee 4 Wednesday * All Standing Committees are held in conjunction with the regular Board of Directors meeting, To access live and archived audio of Board of Directors and Standing Committee meetings as well as agendas, staff reports, and the schedule of future meetings please visit www.actransit.org and click on “Board Meetings”. Dial (510) 891-7200 to access agendas by telephone. For questions, contact the District Secretary’s Office at (510) 891-7201. Alameda-Contra Costa Transit District
March 27, 2013 1
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MEETING PROCEDURES Public Comment: Members of the public wishing to present comments should complete a Speaker’s Form and submit it to the District Secretary. For subjects not listed on this agenda, the public will be invited to speak under the "PUBLIC COMMENTS" section of the agenda. For specific agenda item(s), speakers will be invited to address the Board/Standing Committee(s) at the time the item is being considered. All speakers are allowed two (2) minutes to present comments. Individuals wishing to present more detailed information are encouraged to submit comments in writing. Written comments are included in the record for meeting(s), and as such, are available for public inspection and may be posted to the District’s website. Electronic Devices: All electronic devices (cell phones, pagers and similar-sounding devices) shall be placed on mute, vibrate or silent mode during Board and Committee meetings pursuant to District Ordinance No. 12. Time of Meetings: Times included on this agenda for commencement of Standing Committee meetings are estimates only. Committee meetings will commence when the Board of Directors recesses to a Committee of the Whole. Order of Agenda Items: The Board or Standing Committee(s) may discuss any item listed on this agenda and in any order. Agenda Planning: The Agenda Planning portion of the agenda is designed to assist the Board and staff in the preparation of future Board and Committee agendas. Each item requested shall have the concurrence of at least two Directors in order to place a proposed agenda item on a future agenda. LIVE AUDIO STREAMING OF BOARD AND COMMITTEE MEETINGS Live audio streaming and an archive of previously recorded meetings is available on the District’s website at www.actransit.org. For technological reasons, recordings of meetings held outside of the Board Room cannot be streamed to the web. AVAILABILITY OF AGENDA RELATED MATERIALS Written agenda related materials for all open session regular meetings are available to the public 72 hours prior to the meeting or at the time the materials are distributed to a majority of the Board. Written materials presented at a meeting by staff or a member of the Board will be available to the public at that time, or after the meeting if supplied by an outside party. Agenda related materials are available on the District’s website or by contacting the District Secretary’s Office. ACCESSIBLE PUBLIC MEETINGS Meetings of the Board of Directors are accessible to individuals in wheelchairs. The Board Room is equipped with Assistive Listening Devices for individuals with a hearing impairment. Written materials in appropriate alternative formats, disability-related modification/accommodation as well as sign language and foreign language interpreters must be made 72 hours in advance of the meeting or hearing to help ensure availability. Please direct requests for disability related modification or accommodation and/or interpreter services to Linda A. Nemeroff, District Secretary, 1600 Franklin Street, Oakland, California, 94612 or call (510) 891-7201. AC Transit’s General Offices are generally served by bus lines 1, 11, 12, 51A, 72, 72M. The nearest accessible bus 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, March 27, 2013, at 5:00 p.m. 1.
ROLL CALL
2.
GENERAL MANAGER’S REPORT “A Better Ride” video.
3.
PUBLIC COMMENT
4.
CONSENT CALENDAR
Staff Contact or Presenter
David Armijo 891-4753
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.
4A. Consider approving Board of Directors minutes of February 27, 2013. (Special Meeting).
Linda Nemeroff 891-7284
4B. Consider approving Board of Directors and Standing Committee minutes of February 27, 2013.
Linda Nemeroff 891-7284
4C. Consider receiving Accessibility Advisory Committee minutes of February 12, 2013 (Report 13-076).
Jim Pachan 891-7215
5.
REGULAR CALENDAR
5A. Consider adoption of the Transit Sustainability Strategic Plan and authorize the General Manager to submit the plan to the Metropolitan Transportation Commission by March 31, 2013. (Report 13-014a).
Jim Pachan 891-7215
5B. Consider authorizing the General Manager to accept Shell Energy’s termination of a five-year contract to provide biogas and natural gas to operate the Seminary Division’s stationary fuel cell, and authorizing the General Manager to execute a five-year contract with BP for the purchase of biogas and natural gas for the Seminary Division’s stationary fuel cell (Report 11-117b).
Jim Pachan 891-7215
5C. Consider confirming the content of Resolution No. 13-006 and Amendment 13-A-16 adopted by the Board of Directors on February 27, 2013, regarding the AC Transit Employees’ Retirement Plan (Report 12-314d).
Kenneth Scheidig 891-7178
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5D. Announcement of appointment of an ex-officio alternate representative to the Contra Costa County Transportation Authority and changes in the liaison committee assignments for the Transbay Joint Powers Authority and the Alameda County Transportation Commission. (verbal)
President Harper
5E. Status report on the General Counsel recruitment. (verbal)
Linda Nemeroff 891-7284 Duc Le 891-4780
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 13-078).
B.
FINANCE AND AUDIT COMMITTEE – Jeff Davis, Chairperson Held immediately following the External Affairs Committee meeting.
Dennis Butler 891-4798
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 the month of January, 2013 (Report 13-079).
Lewis Clinton 891-4752
B-2.
Consider recommending adoption of Resolution No. 13-020 authorizing the General Manager, or his designee, to file and execute applications and funding agreements with the Metropolitan Transportation Commission for FY 2013-14 allocations of Transportation Development Act Funds, State Transit Assistance Funds, AB 1107 Funds and Regional Measure 2 Bridge Toll Revenues (Report 13-084).
Tom Prescott 891-7221
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B-3.
Consider recommending adoption of Resolution No. 13-021 authorizing the General Manager, or his designee, to submit allocation requests to the Metropolitan Transportation Commission for Regional Measure 2 Funds and execute any documents necessary for the East Bay Bus Rapid Transit Project (Report 13-089).
Tom Prescott 891-7221
B-4.
Consider recommending adoption of Resolution No. 13-018 authorizing the General Manager, or his designee to submit a funding application and program plan to the Alameda County Transportation Commission for FY 2013-14 Measure B funds for the provision of East Bay Paratransit Consortium mandated Americans with Disabilities Act services (Report 13-073).
Jim Pachan 891-7215
Briefing/Action Items: B-5.
Consider review and recommend approval of amendments to Board Policy 316 – Capital Projects Policy (Report 13-057).
Lewis Clinton 891-4752
B-6.
Consider recommending receipt of the monthly budget update (Report 13-080).
Lewis Clinton 891-4752
B-7.
Consider recommending approval of the guidelines and process for the reimbursement of travel expenses associated with the General Counsel interview process (Report 13-091).
Linda Nemeroff 891-7284
B-8.
Consider recommending approval of amendments to Board Policy 180A –Travel and Meeting Expense Reimbursements for Directors and Board Officers (Report 13-071a).
Linda Nemeroff 891-7284
C.
SPECIAL OPERATIONS COMMITTEE – Joe Wallace, Chairperson Held immediately following the Finance and Audit Committee meeting.
Staff Contact or Presenter(s)
Public Comment (for items not on the agenda) Briefing/Action Items: C-1.
6.
Consider recommending that the Purchasing Department be authorized to issue a Request for Proposals for Customer Call Center services. (Report 13-090).
Tom O’Neill 891-7278
RECONVENE BOARD OF DIRECTORS MEETING – Greg Harper, President
Staff Contact or Presenter(s)
REPORTS OF STANDING COMMITTEES
Linda A. Nemeroff 891-7284
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.
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A. EXTERNAL AFFAIRS COMMITTEE: A-1. Consider receiving of the monthly legislative report and approval of legislative positions (Report 13-078). B. FINANCE AND AUDIT COMMITTEE B-1. Consider receiving the monthly report on investments for the month of January, 2013 (Report 13-079). B-2. Consider adoption of Resolution No. 13-020 authorizing the General Manager, or his designee, to file and execute applications and funding agreements with the Metropolitan Transportation Commission for FY 2013-14 allocations of Transportation Development Act Funds, State Transit Assistance Funds, AB 1107 Funds and Regional Measure 2 Bridge Toll Revenues (Report 13-084). B-3. Consider adoption of Resolution No. 13-021 authorizing the General Manager, or his designee, to submit allocation requests to the Metropolitan Transportation Commission for Regional Measure 2 Funds and execute any documents necessary for the East Bay Bus Rapid Transit Project (Report 13-089). B-4. Consider adoption of Resolution No. 13-018 authorizing the General Manager, or his designee to submit a funding application and program plan to the Alameda County Transportation Commission for FY 2013-14 Measure B funds for the provision of East Bay Paratransit Consortium mandated Americans with Disabilities Act services (Report 13-073). B-5. Consider review and approval of amendments to Board Policy 316 – Capital Projects Policy (Report 13-057). B-6. Consider receiving the monthly budget update (Report 13-080). B-7. B-8.
Consider approving the guidelines and process for the reimbursement of travel expenses associated with the General Counsel interview process (Report 13-091). Consider approving amendments to Board Policy 180A –Travel and Meeting Expense Reimbursements for Directors and Board Officers (Report 13-071a).
C. OPERATIONS COMMITTEE C-1. Consider authorizing the Purchasing Department to issue a Request for Proposals for Customer Call Center services. (Report 13-090). 7.
CONSENT CALENDAR ADDENDA
8.
CLOSED SESSION/REPORT OUT
Dennis Butler 891-4798
Lewis Clinton 891-4752 Tom Prescott 891-7221
Tom Prescott 891-7221
Jim Pachan 891-7215
Lewis Clinton 891-4752 Lewis Clinton 891-4752 Linda Nemeroff 891-7284 Linda Nemeroff 891-7284
Tom O’Neill 891-7278
The Board is requested to authorize as recommended from the committee meetings above.
The items for consideration are listed below and will be reported on by the General Counsel as necessary at the end of the meeting.
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Ken Scheidig 891-7178
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8A. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9 (a))
McClendon v AC Transit, ACSC Case No. Case Number RG12611823
8B. Conference with Legal Counsel – Potential Litigation (Government Code Section 54956.9(b)) (Two Cases)
8C. 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
8D. Public Employment
(Government Code Section 54957) Title: General Counsel
8E. Public Employee Performance Evaluation
(Government Code Section 54957) Title: General Manager, Interim General Counsel, District Secretary
9.
AGENDA PLANNING
10.
BOARD/STAFF COMMENTS
11.
ADJOURNMENT Next Meeting: April 10, 2013, at 5:00 p.m.
(Government Code Section 54954.2)
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BOARD OF DIRECTORS CONSENT CALENDAR
March 27, 2013 Agenda Items 4A – 4C
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BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
MINUTES Special Meeting of the Board of Directors AC Transit General Offices 10th Floor Conference Room 1600 Franklin Street Oakland, CA 94612 Wednesday, February 27, 2013, at 2:00p.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) Teleconference/Videoconference: H. E. Christian Peeples, Director At-large 68 Rue Escudier, 5 GG, 92100 Boulogne Billancourt, FRANCE BOARD OFFICERS DAVID J. ARMIJO, GENERAL MANAGER KENNETH C. SCHEIDIG, INTERIM GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY
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SPECIAL BOARD OF DIRECTORS MEETING- Greg Harper, President Wednesday, February 27, 2013, at 2:00p.m.
ACTION SUMMARY
I The Alameda-Contra Costa Transit District Board of Directors held a i special meeting on Wednesday, February 27, 2013.
!
! Interim
General Counsel Kenneth C. Scheidig confirmed that all requirements of the Ralph M. Brown Act (Govt. Code Sections 54950, i et seq.) and the provisions of Board Policy 100, Section 4.8 regarding I teleconferenced meetings were met in order for Director Peeples to I participate in the meeting and advised that all votes must be taken by roll call vote. [An affidavit verifying that the teleconference location 1
I
! was accessible to persons with disabilities and that the agenda was
I posted at the teleconference location at least 72 hours prior to the
Istart of the first meeting is attached as Exhibit A.] 1
At 2:02 p.m., President Harper called the Board of Directors meeting
I to order. 1.
I ROLLCALL I Present: Ortiz, Williams, Davis (arrived at 2:03 p.m.), Peeples, Young ! (arrived at 2:04 p.m.), Wallace (arrived at 2:25 p.m.), Harper
I Absent: 2.
None
I PUBLIC COMMENT I There was no public comment offered. i
3.
I RETIREMENT BOARD INTERVIEWS: I I Prior to the start of the interviews, Director Peeples commented on the I current performance of the Retirement Board, noting that the Board
! members
i
(trustees) took their job seriously, read the agenda packet and concentrated heavily on the investment portfolio.
3A.I Receive AC Transit District Retirement Board applications and ! conduct interviews of applicants for two public representatives.
INTERVIEWS CONDUCTED
I I The Board of Directors interviewed the following individuals: i,l
•
• • • •
John Rennels AI G. Murray Davis Riemer Jeffrey lewis Robert Apodaca
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In considering the applicants, President Harper stated that the Retirement Board needed at least one person on the Board who really understood investments. He also commented on the Retirement Board's handling of the pension reform issue. Upon conclusion of the interviews, President Harper suggested that each Director rank their choice of candidates 1 through 5 in order of their preference (with 1 being the top candidate) and the candidates with the lowest vote tally would be the appointees. The District 1 Secretary and Chief Financial Officer summarized and verified the i ranking selections, which were presented by President Harper at the ! Board's 5:00p.m. meeting.
I
3B.
! Consider adoption of Resolution No. 13-016 appointing one non-ATU 1 1
I
representative and two public members to the Alameda-Contra Costa Transit District Retirement Board (Report 12-276b).
ACTION DEFERRED
A decision on the resolution was deferred to the regular meeting of the Board of Directors at 5:00p.m.
4.
Status report on the General Counsel recruitment. (verbal)
INFORMATION ONLY
District Secretary linda Nemeroff and Human Resources Administrator Due le provided the Board with an update on recruitment activities. No action was taken. The report was provided for information only. 5.
ADJOURNMENT
There being no further business to come before the Board of Directors, the meeting was adjourned at 4:25p.m.
Respectfully submitted,
~k~~ linda A. Nemeroff District Secretary
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BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT MINUTES Regular Meetings of the Board of Directors and the External Affairs and Finance and Audit Committees Special Meeting of the Operations Committee AC Transit General Offices 2"d Floor Board Room 1600 Franklin Street Oakland, CA 94612 Wednesday, February 27, 2013, at 5:00 p.m. Closed Session: 4:00p.m. (Items 7A-E) Committee meetings will commence when the Board of Directors recesses to a Committee of the Whole
MEMBERS OF THE BOARD OF DIRECTORS GREG HARPER, PRESIDENT (WARD 2} JOE WALLACE, VICE PRESIDENT (WARD 1) ELSA ORTIZ (WARD 3) MARK WILLIAMS (WARD 4) JEFF DAVIS (WARD 5) JOEL YOUNG (AT-LARGE) H. E. CHRISTIAN PEEPLES (AT-LARGE) Teleconference/Videoconference: H. E. Christian Peeples, Director At-Large 68 Rue Escudier, 5 GG, 92100 Boulogne Billancourt, FRANCE BOARD OFFICERS DAVID J. ARMIJO, GENERAL MANAGER KENNETH C. SCHEIDIG, INTERIM GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY
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BOARD OF DIRECTORS MEETING- Greg Harper, President Wednesday, February 27, 2013, at S:OO p.m.
ACTION SUMMARY j
i
The Alameda-Contra Costa Transit District Board of Directors held a [ 1 regular meeting on Wednesday, February 27, 2013. ' j
I Interim
General Counsel Kenneth C. Scheidig confirmed that all i requirements of the Ralph M. Brown Act (Govt. Code Sections 54950, et seq.) and the provisions of Board Policy 100, Section 4.8 regarding I teleconferenced meetings were met in order for Director Peeples to I participate in the meeting and advised that all votes must be taken by i i roll call vote. [An affidavit verifying that the teleconference location i
I I
I
i was accessible to persons with disabilities and that the agenda was i ! posted at the teleconference location at least 72 hours prior to the ! start of the first meeting is attached as Exhibit A.] i
I The
meeting was called to order at 4:27 p.m. for the purpose of I Closed Session. All Board members were present. The District [ Secretary announced that the Board would convene in Closed Session I to discuss Items 7A·E as listed on the agenda. Closed Session I' concluded at 4:50 p.m.
1
I'
II At 5:04 p.m., President Harper called the Board of Directors meeting I' to order.
1.
i ROLL CALL
I Present: Ortiz, Williams, Davis, Peeples, Young, Wallace, Harper \
i Absent: ' j
None
2.
PUBLIC COMMENT I Jane Kramer commented on transparency and accountability with I regard to the Interim General Counsel's employment contract, i I, amendments to Board Policy 100 (Board of Directors Rules for [ Procedure), and the responsibilities of the General Counsel and District ! Secretary with regard to personnel matters.
3.
I CONSENT CALENDAR
f
APPROVED OR MOTION: ORTIZ/WALLACE to approve or receive the items on the i RECEIVED AS I; Consent Calendar as indicated. The motion carried by the following INDICATED i vote: i
I
I AYES:7: Ortiz, Wallace, Williams, Davis, Young, Peeples, Harper I
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3A. Consider approving Board of Directors and Standing Committee minutes of February 13, 2013.
[The minutes were provided at the meeting for the Board's consideration.] 3B. Consider receiving the Accessibility Advisory Committee minutes of January 8, 2013 (Report 13-049). 3C. Consider receiving the Retirement Board minutes of January 14, 2013 (Report 13-050). 4.
REGULAR CALENDAR
4A.I Consider adoption of Resolution No. 13-006 approving amendment 113-A-16 to the Alameda-Contra Costa Transit District Employees' I Retirement Plan to comply with the Public Employees' Pension i Reform Act of 2013 also known as Assembly Bill340 (Report 12-314c).
ADOPTED RESOLUTION
N0.13·006
ii Interim General Counsel Kenneth Scheidig presented the staff report. I Chief
Performance Officer Tom Prescott was available to address [ questions from the Board.
I I Public Comment:
I• '
1.. ,
AI Fortier, Business Representative for IBEW Local1245, commented in support of Resolution 13-006, noting that IBEW had been engaged in negotiations with District on the second tier plan since April 2012 and reached a tentative agreement on January 18, 2013 with regard to the PEPRA legislation. He added that the members of IBEW had ratified the tentative agreement and were in support of it. David Lyons, ATU Local 192, commented in opposition to the resolution, noting that the PEPRA legislation was not reform, but robbery. He added that to mandate a 6.5% contribution from a workforce that had suffered four years of wage freezes, three more years of sub-COLA wage increases, a pension based on a 40 hour work week, and lower pension benefits was robbery and reduced the standard of living for retired workers to poverty. Yvonne Williams, President of ATU Local192, reported that ATU had filed legal objections with the U.S. Department of Labor (DOL) citing violations of the union's Federal 13(c) protections and that the DOL had instructed the parties to meet and confer over the issue. She also commented on pending legislation could impact AB340 and urged the Board to support AB116 (Alejo), which would exempt transit workers from AB340. She further pointed out that the District's Federal funding could be jeopardized and that the position of the ATU at the international level was that AB340 as it is currently structured did not leave any room to negotiate.
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Page 3 of 13
Director Peeples made a motion to amend Section .13.3 of the plan amendment to reference an appendix which would outline a list of the negotiated pay codes between the various bargaining units and the District in order to provide more specificity to the Retirement Board. Mr. Prescott advised that this issue was raised at a recent Retirement Board meeting and that it was the District's intent to provide the codes upon conclusion of negotiations. Mr. Scheidig advised that the unions had to negotiate with the District on this and other issues and that an amendment to the plan would be forthcoming outlining what the parties had agreed to. The motion failed for a lack of a second. MOTION: ORTIZ/PEEPLES to amend Section 3 of the resolution as follows: "SECTION 3. Directs District staff to engage in good faith negotiations with ATU Local 192 regarding the provisions of PEPRA as required by the Federal Public Transportation Act, codified at 49 U.S.C. Section 5333(b) (commonly referred to as "Section 13{c)" of the Urban Mass Transportation Act of 1964)." The motion carried by the following vote: AYES:7: Ortiz, Peeples, Williams, Davis, Young, Wallace, Harper MOTION: WALLACE/HARPER to adopt amended Resolution No. 13-006 approving amendment 13-A-16 to the Alameda-Contra Costa Transit District Employees' Retirement Plan to comply with the Public Employees' Pension Reform Act of 2013 also known as Assembly Bill 340. The motion carried by the following vote: AYES:S: Wallace, Harper, Ortiz, Davis, Peeples NOES:2: Williams, Young 4B.
Consider adoption of Resolution No. 13-016 appointing one non-ATU member and two public members to the Alameda-Contra Costa Transit District Retirement Board (Report 12-27Gb).
[A Summary of Rankings from the Retirement Board Interviews is incorporated into the file and by reference hereto is made part of these minutes.]
APPOINTED LEWIS CLINTON, JEFFREY LEWIS AND DAVIS RIEMER
There was no presentation of the staff report. President Harper reported that Lewis Clinton was the only applicant for the non-ATU position on the Retirement Board. He further reported that the vote tally of the rankings provided by each Board member based on preference at the conclusion of the Retirement Board Interviews revealed that Jeffrey Lewis (with 12 votes) and Davis Riemer Alameda-Contra Costa Transit District
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Page 4 of 13
(with 14 votes) were the two appointees with the lowest number of ' votes.
J
!
MOTION: PEEPLES/DAVIS to adopt Resolution No. 13-016 appointing Lewis Clinton as the non-ATU member and Jeffrey Lewis and Davis Riemer as the two public members to the Alameda-Contra Costa Transit District Retirement Board The motion carried by the following vote:
j AYES:S: Peeples, Davis, Ortiz, Williams, Harper i NOES:2: Wallace, Young
Director Young commented that while he supported the appointment of Lewis Clinton and Jeffrey Lewis, he would vote "no" on the resolution because it was unclear to him how the results were tabulated with regard 1 to one of the appointees. Director Wallace commented that he was voting i "no" because he didn't understand the procedure that was used to ' determine the appointees.
Later in the meeting, under Agenda Planning, Director Young expressed concern with the method used to calculate the voting results for the l Retirement Board appointments. The General Counsel advised that the Board could reconsider the Resolution since the meeting in which the 1 action was taken was still in session; however, no motion was made to i reconsider the matter.
I 4C.
I
Report from the Chair of the Bus Rapid Transit Policy Steering (PSC) Committee. (verbal)
INFORMATION ONLY
Director Ortiz reported that the PSC had recently met and heard presentations on the branding study and proposed names for the service. She further advised that the PSC recommended that the 1 District investigate the potential of selling the naming rights to the I system as a whole instead of by station, and that the stations be I' named according to the neighborhood each station is located in.
I The report was provided for information only.
No action was taken.
RECESS TO STANDING COMMITIEES (as the Committee of the Whole) The Board meeting recessed to the Standing Committees at 5:45 p.m. ALL COMMITIEES ARE ADVISORY ONLY.
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Page 5 of 13
A.
EXTERNAL AFFAIRS COMMITTEE- Elsa Ortiz, Chairperson The External Affairs Committee convened at 5:45 p.m. All Committee members were present.
ACTION SUMMARY
[ Public Comment (for items not on the agenda) ! There was no public comment offered.
'
I Briefing/Action Items: A-1.
I Consider recommending receipt of the monthly legislative report and approval of legislative positions (Report 13-051).
[A Federal Legislative Update was provided at the meeting for the Committee's information. Director Peeples submitted information on 1 Smart Card Privacy for the Committee's information.]
RECOMMEND RECEIPT AND APPROVAL OF LEGISLATIVE POSITIONS
I! Director of Legislative Affairs and Community Relations Beverly Greene introduced Darius Anderson and Steve Wallauch of Platinum Advisors who reported on various items of interest in Sacramento as well as state legislative matters. [ MOTION: ORTIZ/HARPER to recommend a SUPPORT position on SBl [ (Steinberg): Sustainable Communities Investment Authority (7).
I MOTION:
PEEPLES/HARPER to forward to the Consent Calendar Addenda recommending receipt of the monthly legislative report and ! approval of legislative positions; Directors Williams and Davis, out-ofseat (5-2). J
! A-2.
I Consider recommending receipt of report on the activities associated
l with the District-wide marketing campaign for upcoming operational
RECOMMEND RECEIPT
! improvement initiatives and new bus purchases (Report 13-068). !
I [A PowerPoint Presentation was given at the meeting and is I incorporated into the file by reference.] i
I Marketing Administrator Nichele Laynes presented the staff report. '
I Chair Ortiz suggested that a decal be placed on the new I advertise that the buses were built locally in the East Bay.
buses to
'
I Director Williams commented on the need to promote safety. Public Comment: Joyce Roy commented that she was happy about the report because it was important for people to see a new and improved AC Transit.
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Costa Transit District
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MOTION: WALLACE/WILLIAMS to forward to the Consent Calendar Addenda recommending receipt (7). The External Affairs Committee adjourned at 6:28 p.m.
B.
FINANCE AND AUDIT COMMITTEE- Jeff Davis, Chairperson The Finance and Audit Committee convened at 6:28 p.m. All Committee members were present.
ACTION SUMMARY
I' Public Comment (for items not on the agenda) There was no public comment offered. Consent Items: MOTION: YOUNG/WALLACE to forward to the Consent Calendar ! Addenda recommending receipt (7).
RECOMMEND RECEIPT
i
B-1.
I Consider recommending receipt of the FV 2012-13 Second Quarter [ Board/Officer Travel and Meeting Expense Report for Directors and
! Board Officers (Report 13-052). B-2.
I Consider
recommending receipt of the FV 2012-13 Second Quarter
I Employee and Non-Employee Out-of-State Travel Report (Report 131
053).
I
B-3.
I Consider
B-4.
I Consider recommending receipt
recommending receipt of the monthly report ! investments for the month of December, 2012 (Report 13-0S4).
i
on
of the FY 2012-13 Second Quarter Surplus and Obsolete Materials Report (Report 13-0SS). Briefing/Action Items:
B-5.
Consider recommending receipt of the FY 2012-13 Mid-year Budget Review and General Fund Financial Performance and Budget Revisions, and recommend adoption of Resolution No. 13-009 amending the second year of the General Fund Biennial Operating 1 1 and Capital Budget for FY 2012-13 at mid-year (Report 13-056).
RECOMMEND ADOPTION
Chief Financial Officer Lewis Clinton introduced the item and provided an overview of the capital budget. He further called upon Budget Manager Hernan Vargas to provide an overview of the various , budgetary adjustments outlined in the staff report.
II Members of the
Committee inquired about farebox revenue (cash), VV funds, BART transfers, the reopening of Division 3, and i funding for marketing services associated with the Transit Performance j Initiative.
I Measure
Alameda-Contra Costa Transit District
February 27, 2013
21
Page 7 of 13
Director Ortiz asked staff to provide information on the number of consultants working for the District. MOTION: YOUNG/WILLIAMS to forward to the Consent Calendar Addenda recommending adoption (7). B-6.
! Consider recommending receipt of the initial proposal on the FY 1314 Operating and Capital Budget Development Process based on the ongoing design and development of the new Strategic Planning Goals and Objectives Performance Management Model (Report 13-019).
RECOMMEND RECEIPT
! Chief Financial Officer Lewis Clinton presented the staff report. I I MOTION: ORTIZ/WALLACE to forward to the Consent Calendar
I Addenda recommending receipt (7). B-7.
I Consider
recommending adoption of Resolution No. 13-015 ' authorizing the General Manager, or his designee, to file applications for FY 2012-13 and FY 2013-14 Federal Transit Administration Section 5307 and Federal Highway Administration Surface Transportation Program and Congestion Management and Air Quality Improvement Program funds, committing the necessary local match funds for the I projects, and stating the assurance of Alameda-Contra Costa Transit District to complete the projects (Report 13-069).
RECOMMEND ADOPTION
i
' I [A chart regarding "Capital Projects FY 2013-Funding Sources" was I provided at the meeting for the Committee's consideration.]
l
There was no presentation of the staff report. MOTION: PEEPLES/WALLACE to forward to the Consent Calendar Addenda recommending adoption (7).
B-8.
! Consider recommending adoption of Resolution No. 13-013 repealing ! Resolution
No. 12-025 extending a temporary reduction in compensation for members of the Board of Directors [Requested by Director Davis- 1/9/13] (Report 13-062).
RECOMMEND ADOPTION
There was no presentation of the staff report.
! Director
Peeples commented that the Board should not return it's compensation to the full amount until the employees' compensation had been returned to the full amount.
MOTION: YOUNG/WALLACE to forward to the Consent Calendar , Addenda recommending adoption; Director Peeples, No (6-1). i
Alameda-Contra Costa Transit District
February 27, 2013 22
Page 8 of 13
B-9.
Consider recommending approval of amendments to Board Policy 180A -Travel and Meeting Expense Reimbursements for Directors and Board Officers (Report 13-071). There was no presentation of the staff report.
RECOMMEND APPROVAL
MOTION: PEEPLES/YOUNG to reject the amendment to Section III.C.S. to limit the number of directors who could attend a conference (7). With regard to mileage, discussion ensued regarding the three options provided in the report and whether or not it was appropriate to reimburse mileage expenses to attend Board meetings. A fourth option was introduced which would allow mileage reimbursement for all meetings except for the two regular Board meetings per month that l each Boardmember is required to attend.
I
I Director Young raised a legal issue with regard to the Portal to Portal i Act
and whether Boardmembers' status as W-2 employees would i entitle them to receive mileage reimbursement given that most ! employees do not receive reimbursement for the time it takes to l commute to work. It was requested that the General Counsel review the Portal to Portal Act with respect to the legality of the mileage issue and report back.
i i
MOTION: WALLACE/HARPER to continue to a future meeting pending further research of the potential legal issues raised (7). , The Finance and Audit Committee adjourned at 7:46 p.m. C.
i SPECIAL OPERATIONS COMMITTEE- Joe Wallace, Chairperson
i' The Operations Committee convened at 7:46 p.m. All Committee ! members were present.
ACTION SUMMARY
I Public Comment (for items not on the agenda) i There was no public comment offered. Briefing/Action Items: C-1.
Consider recommending authorization for the Accessibility Advisory Committee (AAC) to submit a letter to the U.S. Department of 1 Transportation National Highway and Transportation Safety 'i Administration's Notice of Proposed Rulemaking requesting ! comments in response to Docket No. NHTSA-2011-0148, minimum sound requirements for hybrid and electric vehicles (Report 13-070).
RECOMMEND APPROVAL
There was no presentation of the staff report. MOTION: YOUNG/WILLIAMS to forward to the Consent Calendar Addenda recommending approval (7). Alameda-Contra Costa Transit District
February 27, 2013 23
Page 9 of 13
C-2.
Consider recommending adoption of Resolution No. 13-017 approving new classification specifications for Project Controls Administrator, Software Engineer, and Telecommunications Administrator (Report 13-072).
i
RECOMMEND ADOPTION
There was no presentation of the staff report MOTION: YOUNG/WILLIAMS to forward to the Consent Calendar Addenda recommending adoption (7). The Operations Committee adjourned at 7:47p.m. RECONVENE BOARD OF DIRECTORS MEETING- Greg Harper, President The Board of Directors meeting reconvened at 7:47 p.m.
5.
i
l REPORTS OF STANDING COMMITTEES
ACTION SUMMARY REPORT GIVEN
i District Secretary Linda Nemeroff reported that with the exception of · I Item B-9 which was continued to the next Board meeting, all of the I items from the External Affairs, Finance and Audit, and Operations
i Committee
meetings had been referred to the Consent Calendar Addenda recommending receipt, approval or adoption as indicated i on the agenda. Item A-1 (Legislative Report) to include a change in f position on SB1 (Steinberg) to a SUPPORT position.
I 6.
I CONSENT CALENDAR ADDENDA MOTION: ORTIZ/WILLIAMS to receive, approve or adopt the items ! referred to the Consent Calendar Addenda as indicated on the agenda. ! The motion carried by the following vote: f
RECEIVED, APPROVED OR ADOPTED AS INDICATED
'
I AYES:7: Ortiz, Williams, Davis, Young, Peeples, Wallace, Harper I NOES:l: Peeples (Item No. B-8 only) i
A. A-1.
I The items brought before the Board were as follows: ''
I EXTERNAL AFFAIRS COMMITTEE: i Consider
receiving the monthly legislative report and approval of !legislative positions (Report 13-051). Consider receiving report on the activities associated with the District! wide marketing campaign for upcoming operational improvement I initiatives and new bus purchases (Report 13-068). I FINANCE AND AUDIT COMMITTEE Consider receiving the FY 2012-13 Second Quarter Board/Officer Travel ! and Meeting Expense Report for Directors and Board Officers (Report 113-052). ; I Consider receiving the FY 2012-13 Second Quarter Employee and NonEmployee Out-of-State Travel Report (Report 13-053).
A-2.
I
B. B-1.
i
B-2.
i '
Alameda-Contra Costa Transit District
February 27, 2013
24
Page 10 of 13
B-3. B-4. B-5.
B-6.
B-7.
B-8.
Consider receiving the monthly report on investments for the month of December, 2012 (Report 13-054). Consider receiving the FY 2012-13 Second Quarter Surplus and Obsolete Materials Report (Report 13-055). Consider receiving the FY 2012-13 Mid-year Budget Review and General Fund Financial Performance and Budget Revisions, and adoption of Resolution No. 13-009 amending the second year of the General Fund Biennial Operating and Capital Budget for FY 2012-13 at . mid-year (Report 13-056). !' Consider receiving the initial proposal on the FY 13-14 Operating and Capital Budget Development Process based on the ongoing design and 1 development of the new Strategic Planning Goals and Objectives i Performance Management Model (Report 13-019). i Consider adoption of Resolution No. 13-015 authorizing the General'' Manager, or his designee, to file applications for FY 2012-13 and FY 2013-14 Federal Transit Administration Section 5307 and Federal Highway Administration Surface Transportation Program and Congestion Management and Air Quality Improvement Program funds, committing the necessary local match funds for the projects, and 1 1 stating the assurance of Alameda-Contra Costa Transit District to I complete the projects (Report 13-069). i Consider adoption of Resolution No. 13-013 repealing Resolution No. 12-025 extending a temporary reduction in compensation for members of the Board of Directors [Requested by Director Davis - 1/9/13] (Report 13-062).
i
i I
I
C. SPECIAL OPERATIONS COMMITTEE C-1. l Consider authorizing the Accessibility Advisory Committee (AAC) to submit a letter to the U.S. Department of Transportation National 1 Highway and Transportation Safety Administration's Notice of Proposed Rulemaking requesting comments in response to Docket No. NHTSA-2011-0148, minimum sound requirements for hybrid and electric vehicles (Report 13-070). C-2. Consider adoption of Resolution No. 13-017 approving new classification specifications for Project Controls Administrator, , Software Engineer, and Telecommunications Administrator (Report 13-
I
I
!I on).
7.
CLOSED SESSION/REPORT OUT Interim General Counsel Kenneth Scheidig reported out on Item 7A as follows:
REPORT GIVEN
MOTION: PEEPLES/WALLACE to approve settlement in the amount of $750,000 in the matter of Bailey v. AC Transit, ACSC Case No. RG 1 ! 1155887. The motion carried by the following vote:
I
i AYES:7: Peeples, Wallace, Ortiz, Williams, Davis, Young, Harper
Alameda-Contra Costa Transit District
February 27, 2013
25
Page 11 of 13
President Harper reported out on Item 7E noting that Directors would have until the end of the week to submit questions with regard to the General Manager's evaluation. No other reports were given. 7A.
Conference with Legal Counsel- Existing Litigation (Government Code Section 54956.9 (a))
Patricia Bailey v. AC Transit, eta/.; ACSC Case No. RG 1155887
Quarterly Litigation Report Harbor v. AC Transit, ACSC Case No. RG10-513436; Jones v. AC Transit, ACSC Case No. RG12-620431; Silveira, eta/. v. AC Transit, ACSC Case No. RG12-625090; Edwin v. AC Transit, ACSC Case No. RG12-637734; Gilmer, eta/. v. AC Transit, U.S. Dist. Ct. (No.Cai.Dist.), No. C08-05186 CW; and Forest Ambulatory Surgical Associates, L.P., eta/. v. United Healthcare Insurance UnitedHealth Group, Inc., eta/., U.S. Dist. Ct. (No.Cai.Dist.), No. C10-04911 EJD.
78.
Conference with Legal Counsel- Potential Litigation (Government Code Section 54956.9(b)) (Two Cases)
7C.
Conference with Labor Negotiators (Government Code Section 54957.6) Agency Designated Representative: David J. Armijo, General Manager Employee Organizations: Local192, ATU Local192, AFSCME, Local 3916; IBEW, Local 1245, Unrepresented Employees
7D.
Public Employee Employment (Government Code 54957) Title: General Counsel
7E.
Public Employee Performance Evaluation (Government Code Section 54957) Title: General Manager
8.
AGENDA PLANNING
Director Wallace requested a report regarding the presence of pit bulls and baby strollers on buses. There was no concurrence on the item as both were the subject of recent reports to the Board. Director Williams asked whether it was possible to obtain more resources for Sheriffs in order to improve security on buses. The General Manager advised that this could be addressed during the budget discussion at the Board Retreat on March 131h. Referred to Operations
Director Williams inquired about driver safety stops which recently occurred on A Street in San Leandro.
Alameda~Contra
Costa Transit District
February 27, 2013
26
Page 12 of 13
Director Ortiz requested that the next Request for Proposals for security services on buses include different law enforcement agencies. (Director Young concurred) Referred to a Future Board of Directors Meeting
Director Peeples requested a resolution thanking John Rennels for his service on the Retirement Board. (Director Harper concurred) Referred to the Finance and Audit Committee
Director Young requested that the next Report on Investments address whether the District invests in gun companies. (Director Ortiz concurred). Director Young requested a report on the results of the. ranking from the Retirement Board interviews using a rank choice calculator. (Director Williams concurred). The item was subsequently removed from Agenda Planning by Director Young.
9.
INFORMATION
GENERAL MANAGER'S REPORT
General Manager David Armijo reported on the delivery of the first six buses from Gillig which will roll into service in mid-March. 10.
ONLY
BOARD/STAFF COMMENTS
Members of the Board commented on meetings and events attended since the last meeting. 11.
ADJOURNMENT
There being no further business to come before the Board of Directors, the meeting was adjourned at 8:02p.m. The next meeting of the Board of Directors is scheduled for Wednesday, March 13, 2013. Respectfully submitted,
~~'JLJJ~
=5= Linda A.
e
Alameda~Contra
roff
Costa Transit District
February 27, 2013
27
Page 13 of 13
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28
Report No: Meeting Date:
13-076 March 27, 2013
Alameda-Contra Costa Transit District
STAFF REPORT TO:
AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Accessibility Advisory Committee (AAC) Minutes of February 12, 2013
BRIEFING ITEM RECOMMENDED ACTION(S):
Consider receiving the Accessibility Advisory Committee (AAC) minutes of February 12, 2013. EXECUTIVE SUMMARY:
The Minutes for February 12, 2013 were approved by the Accessibility Advisory Committee on March 12, 2013. BUDGETARY/FISCAL IMPACT:
There is no budgetary or fiscal impact associated with this report.
BACKGROUND/RATIONALE:
The Accessibility Advisory Committee was established by the Board of Directors in 1991 to review, comment and advise the Board of Directors and District staff regarding the implementation and enhancement of planning programs and services for seniors and people with disabilities. The AAC consists of 14 members with two members being appointed by each of the seven elected members of the District's Board of Directors. Committee members serve a one year term. ADVANTAGES/DISADVANTAGES:
This report is being provided to inform the Board of the activities of the Accessibility Advisory Committee (AAC). ALTERNATIVES ANALYSIS:
This report does not recommend an action.
29
Report No. 13-076 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.
ATIACHMENTS: 1: AAC Minutes for February 12, 2013
Department Head Approval:
James Pachan, Chief Operating Officer
Reviewed by:
Robert del Rosario, Director of Service Development Mallory Nestor-Brush, Accessible Services Manager Kim Huffman, Accessible Services Specialist Tammy Kyllo, Administrative Coordinator
Prepared by:
30
Staff Report 13-076 Attachment 1
AAC Minutes
February 12, 2013
MINUTES REGULAR MEETING OF THE AC TRANSIT ACCESSIBILITY ADVISORY COMMITTEE (AAC) FEBRUARY 12, 2013 Meeting came to order at 1:03 p.m.
1. Roll Call and Introduction of Guests AAC members present: Scott Blanks, Vice Chair Janet Abelson Shirley Cressey Margarita Diaz Pam Fadem, Chair Steve Fort Don Queen James Robson Marina Villena Hale Zukas AAC members absent: Lisa Cushman (excused) Hector Varela (excused)
Jim Gonsalves (excused)
Staff:
Mallory Nestor-Brush, Accessible Services Manager Kim Huffman, Accessible Services Specialist Tammy Kyllo, Administrative Coordinator
Guests:
Randall Glock Jerry Grace Drennen Shelton, Metropolitan Transportation Commission (MTC)
2. Order of Agenda The order of the agenda was approved. 3. Approval of Minutes MOTION: Blanks/Abelson approved the January 8, 2013 AAC meeting minutes. 9 Yeas. I Abstention. 4. MTC's Coordinated Plan Comments from the AAC Drennen Shelton, Metropolitan Transportation Commission (MTC), reported that MTC's Draft Coordinated Public Transit-Human Services Transportation Plan Update for the San
31
Francisco Bay Area is available for public review and comment. MTC is asking for input on Draft Plan. The goals of the Draft Coordinated Plan are to identify transportation gaps for seniors, persons with disabilities, and persons with low incomes; prioritize solutions to address those gaps; and identify strategies for improving coordination between public transit and human service transportation providers. The Draft Plan includes information about MAP21 requirements for federal specialized transportation funds; an updated demographic profile of the region; a transportation services inventory; a summary of transportation gaps for low-income, elderly and disabled populations; and a new report on veterans' transportation needs. The Draft Coordinated Plan also proposes a new regional ranking of potential solutions to address transportation gaps. These solutions, as well as general feedback on the plan, were provided to MTC staff by stakeholders from September-December 2012, during a round of outreach. MTC Staff visited the AAC meeting on October 9, 2012. AAC comments focused on the following items: • Path of Travel, especially to malls and bus stops. • Flexible on-demand shuttle systems to areas without established routes. • Information, such as time tables, needs to be accurate and across multiple agencies. 5. Discussion on Quiet Vehicle Alert Sound Rulemaking and Review/Approval of Letter to Docket Clerk (Docket #NHTSA-2011-0148) Mallory Nestor-Brush, Accessible Services Manager, requested that the Committee review the draft letter to the Docket Clerk regarding Docket #NHTSA-2011-0148, "Federal Motor Vehicle Safety Standards Minimum Sound Requirements for Hybrid and electric Vehicles." This letter is in support of the establishment of a Federal standard to require hybrid and electric vehicles to produce sounds meeting the requirement of this standard. After a lengthy discussion the AAC produced the following letter: Dear Docket Clerk: The Alameda-Contra Costa Transit District's (AC Transit's) Accessibility Advisory Committee (AAC) supports the establishment of a Federal Motor Vehicle Safety Standard (FMVSS) to require hybrid and electric vehicles to produce sounds meeting the requirements of this standard. We understand that these sounds would be no louder than an internal combustion engine (ICE). Establishing a minimum sound requirement that would be equivalent to an ICE would not substantially add to noise pollution when pedestrian and bicyclist safety is the paramount issue.
32
Although there has been opposition to this proposed regulation for fiscal and noise pollution concerns, the AAC, a 14 member group of seniors, individuals with disabilities, and those who represent groups of seniors or individuals with a disability, has several concerns for pedestrians in regard to "quiet vehicles." Establishing a minimum sound requirement for hybrid and electric vehicles creates safer travel. Individuals who are crossing the street, especially at nonsignalized intersections, would be aware of oncoming traffic and vehicles that are making turns into the crosswalk in which the passenger is about to enter. This regulation generates a higher level of protection and alertness for all pedestrians, including those who are blind or low vision. Sincerely, Pamela Fadem, Chair Accessibility Advisory Committee AAC members unanimously approved the letter to be forward to the Board of Directors to authorize the submission of the letter to the Departments of Transportation without endorsement. Comments must be received by the Docket clerk by March 15, 2013. 6. Review of Quarterly ADA Complaints Mallory Nestor-Brush, Accessible Services Manager, reported that the ADA-Conduct/ Discourtesy, ADA-Priority Seating Issue and ADA-Refused Access complaints were significantly higher compared to the same quarter last year. Mallory will communicate with Transportation on the increase of these types of complaints. Chair Fadem reminded the members to report all incidents and also to call in commendations when they happen. Chair Fadem stated that she expects to see higher number in the ADA-Priority Seating Issues due to the new buses, which have fewer priority seats. 7. Chair's Report None. 8. Board Liaison Report None. 9. Brown Act and AB 1234 Training Mallory Nestor-Brush, Accessible Services Manager, reported that Mandatory AB 1234 Training is scheduled for March 5, 2013 at 1:45 pm at the MTC, 101 - gth Street, Oakland, CA. This training will be provided by a BART attorney and will include the East Bay Paratransit's Service Review Advisory Committee (SRAC) and the BART Accessibility Task Force (BATF).
33
Assembly Bill No. 1234 states that if a local agency provides any type of compensation, salary, or stipend to, or reimburses the expenses of a member of its 'legislative body' that local agency's officials must receive ethics training. This training is required every two (2) years. If for some reason an AAC member cannot attend this training, they will need to take the on-line course by March 31 51 • 10. Review of Lift/Ramp Road Call Report Chair Fadem noted that there are 27 issues in the report and is concerned with the 3 "Driver errors" that were reported. 11. Review of MCI Fleet Lift Report and Wheelchair Lift Cycling Report - MCI (6000 Series) Chair Fadem commended the drivers on a job well done after reviewing the report, which shows daily lift cycling at 92% or greater from December 16,2012 to January 26, 2013. 12. ACAC BRT Joint Sub-Committee Report Jim Robson reported that the ACAC BRT Joint Sub-Committee met in January as part of the Mayor's Commission on Aging and Commission on Persons with Disabilities. The committee discussed that Oakland owns 90% of the route, which will have a large impact on Oakland. Jim was concerned about the date of the 35% design review and what this actually means. The next meeting is February 20, 2013, 10:00 am at Oakland City Hall, Hearing Room Three. 13. Service Review Advisory Committee (SRAC) Report None. 14. ACTC PAPCO Report Hale Zukas reported that PAPCO received an update on the Paratransit Gap Grant Cycle 5 program and that the majority of gap grant funds, $1.7 million, will be used to support two-year mobility management activities. The call for projects was released on February 1, 2013. 15. Public Comments None. 16. Transit Correspondence This is an informational item for the committee. 17. Member Communications and Announcements None.
34
18. Staff Communications and Announcements Staff reported that the AAC meetings for the next few months will be moved to the 4th Floor Conference room due to the AC Transit Elevator Modernization Project.
19. Set Next Agenda & Meeting Date The next AAC Meeting will be held Tuesday, March 12,2013 at 1:00pm in the 4th floor Conference Room of 1600 Franklin Street, Oakland. Agenda items include an update on the AVA project and Completion of the Conflict of Interest Forms 700. 20. Adjournment The meeting adjourned at 3:14pm.
35
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36
BOARD OF DIRECTORS REGULAR CALENDAR
March 27, 2013 Agenda Items 5A – 5C
37
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38
~I
Report No: Meeting Date:
T~IVS/T
13-014a March 27; 2013
Alameda-Contra Costa Transit District
STAFF REPORT TO:
AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Adopt and Authorize Submittal of the Metropolitan Transportation Commission Transit Sustainability Project Strategic Plan
ACTION ITEM RECOMMENDED ACTION(S): Consider adopting the Transit Sustainability Project Strategic Plan and authorizing the General Manager to submit the plan to the Metropolitan Transportation Commission by March 31, 2013. EXECUTIVE SUMMARY: On May 23, 2012, the Metropolitan Transportation Commission (MTC) adopted the final recommendations of the Transportation Sustainability Project (TSP), which included a performance target and monitoring process for the seven largest transit agencies in the Bay Area . In response to these final recommendations, staff created a strategic plan to reduce operating costs by 5% in FY16-17 based on metrics established by MTC. In order to meet the target, staff set baseline metrics and developed strategies to reduce operating costs, including the development of initiatives to improve service delivery and the route network in accordance with District goals and objectives. Staff has estimated cost savings and ridership gains associated with the strategies and has developed a five-year budget projection to display how the strategies meet MTC's target. BUDGETARY/FISCAL IMPACT: The strategic plan would result in a reduction in cost productivity by 5% in FY 16-17 as measured by one of the following three metrics identified by MTC: •
Cost Per Service Hour
•
Cost Per Passenger
•
Cost Per Passenger Mile
Implementation of the strategic plan is expected to achieve savings of nearly $15 million in FY16-17 from the District's operating budget.
39
Report No. 13-014a Page 2 of3
BACKGROUND/RATIONALE: As part of MTC's adopted TSP final recommendations, the seven largest transit agencies in the Bay Area (AC Transit, BART, Caltrain, Golden Gate Transit, SFMTA, SamTrans and Santa Clara VTA) are required to develop strategic plans to meet the performance measures and targets outlined in the TSP. Staff's strategic plan is attached for the Board of Director's review and adoption (see Attachment 1). Planning Process Staff conducted the following activities in order to develop the strategic plan: 1. Established a baseline and target in each of the metrics outlined by MTC 2. Created a 6-year budget projection through FY17-18, which includes conservative estimates of projected operating costs based on historical budget trend analyses 3.
Developed strategies to reduce costs based on staff's Organizational Direction Setting SMART Goals and other cost-savings strategies, including: a.
Reduction in absenteeism
b. Reduction in accidents c.
Investment in a health and well ness plan
d. Restructuring labor agreements e. Adoption of the Public Employees' Pension Reform Act (PEPRA) 4.
Developed strategies to increase ridership based on existing and proposed service planning, capital, marketing and operational improvement projects, including: a.
Bus Rapid Transit (BRT)
b. Urban Trunk corridor improvements c.
Comprehensive Operations Analysis (COA)
d. Coordinated transfer times for bus service e. On-time Performance improvement f.
Area service plans
g.
Service marketing and branding
5. Incorporated the effects of the local economy and job market on ridership 6. Estimated conservative and realistic values to each strategy and calculated the impact of the strategies of the 6-year budget projection 7. Reviewed strategies and financial projections with key staff from Finance, Planning & Development, Transportation and Human Resources 8. Continually reviewed our process with our agency peers and MTC staff Details of the strategies identified above along with their associated cost savings or ridership gains are included in the attached strategic plan document. 40
Report No. 13-014a Page 3 of3 Pending the Board of Director's approval oft he document, the District's general manager will submit the plan by March 31, 2013 to MTC as requested by that Agency's executive director. ADVANTAGES/DISADVANTAGES: The TSP strategic plan sets the framework for the District to increase ridership and minimize operating costs over the next five fiscal years. The plan helps to ensure that the District is making financially sound decisions, operating efficiently and meeting the goals of the Transit Sustainability Plan. There are no significant disadvantages to the strategic plan. However, given financial climate conditions and variables beyond the District's control, it is challenging to predict our future cost and ridership trends. Any anomalies to these factors would need to be conveyed to MTC staff to determine how they would affect the plan. ALTERNATIVES ANALYSIS: Since MTC has given the transit agencies discretion on the amount of detail presented in their respective plans, staff could have created a less detailed plan that only sets targets and provides narrative descriptions on strategies. However, staff purposefully provided more detail and financial projections in order to realistically display how the District can achieve the targets set by MTC. Therefore, rather than becoming an unsubstantiated report, staff has created a guiding document which is integrated with the newly established goals and objectives of the District. PRIOR RELEVANT BOARD ACTIONS/POLICIES: There are no prior relevant Board actions or policies associated with this report. ATTACHMENTS: 1: AC Transit's Transit Sustainability Project Strategic Plan
Department Head Approval:
James Pachan, Chief Operating Officer
Reviewed by:
Kenneth C. Scheidig, Interim General Counsel lewis Clinton, Chief Financial Officer Robert del Rosario, Director of Service Development & Marketing Hernan Vargas, Budget Manager Sean Diestlorgion, Senior Transportation Planner Stephen Newhouse, Transportation Planner
Prepared by:
41
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42
SR 13-014a Attach. 1
Alameda-Contra Costa Transit District Transit Sustainability Project Strategic Plan March 31, 2013
Introduction
In 2009, the Metropolitan Transportation Commission (MTC} adopted Transportation 203Sthe current long range transportation plan for the San Francisco Bay Area. Transportation 2035 identified a $25 billion transit and operating shortfall over the 25-year period of the plan. The long-term financial challenges, coupled with the current and recent short-term deficits requiring service cuts and fare increases throughout the region, motivated MTC to initiate the Transit Sustainability Project (TSP). The original intent of the TSP was directed toward a program of system reform that reviewed costs and services to maintain sustainability; however, as the study progressed and more information regarding the rationale for systemic costs became apparent, the intent evolved into a reform and revenue strategy. The Reform element of the strategy was to ensure that the existing resources provided were being used to the highest level of efficiency, and the revenue element was to provide a new source of funding for services in the Bay Area that could be targeted toward regional priorities and service expansions.
Definition of the TSP Strategic Plan
On May 23, 2012, MTC adopted the TSP final recommendations. The adopted recommendations include performance measures and targets to monitor the performance of the seven largest transit agencies in the Bay Area (AC Transit, BART, Caltrain, Golden Gate Transit, SFMTA, Sam Trans and Santa Clara VTA) as follows: Performance Target A 5% real reduction in at least one ofthe following performance measures by FY2016-17 and no growth beyond CPI thereafter. To account for the results of recent cost control strategies at agencies, the baseline year will be set at the highest cost year between FY2007-08 and FY2010ll. Performance Measures • Cost Per Service Hour* • Cost Per Passenger* • Cost Per Passenger Mile*
*As defined by the Transportation Development Act
43
Monitoring Process • In FY2012-13, agencies are to adopt a strategic plan to meet one or more of the targets and submit the plan to MTC. • On an annual basis, starting in FY2013-14, the transit agencies will submit performance measure data on all three targets to MTC. • In FY2017-18, MTC will analyze agency progress in meeting one ofthe three targets . • In FY2018-19, MTC will link existing and new operating and capital funds administered by MTC to progress toward achieving the performance target.
Establishing the Baseline and Target In order to establish the baseline figures for the strategic plan, staff compared cost data between FY07-08 and FYl0-11 for the three performance measures identified by MTC (escalated to FYl0-11 dollars) and highlighted the highest cost within the range as shown in the table below. With an allowable escalation factor of 2.5% annually between FY11-12 and FY1617, the projected baseline figure is also shown below under the column labeled 'FY16-17' . The final target is a 5% reduction from the escalated figure in FY16-17. FY07-
Cost per Service tiJI.r Cost per Passerger Cost per Passerger Mle
1.58.97 4.56 151
100.32
164.16 4.96 1.76
S.(B
158
FYJO.ll
FYlG-17
R:!duction Target
lm.Ol 4.97 1.52
1$00
1.85.20 5.54
5.83 204
1.94
In order to ensure that we can meet the expected targets, AC Transit has made conservative and realistic budget projections as part of the plan. This includes incorporating all of the District cost obligations until FY16-17 such as contractual labor obligations and non-labor cost increases (materials and services).
Metric Selection Though MTC is not requiring the transit agencies to select a particular metric for reduction, AC Transit will focus primarily on reducing the 'Cost per Passenger' metric in this plan for the following reasons: •
•
The anticipated project program for the District over the next five years aims to increase ridersh ip through : corridor capital improvements including BRT, marketing efforts and operational reliability. The highest 'Cost per Passenger' rate for AC Transit was in FY08-09. This allows the District to incorporate the operating efficiencies implemented in FY09-10 and FYl0-11 into the financial projections of the plan.
Focusing on one metric does not preclude the District from simultaneously reducing the 'Cost per Revenue Hour' or 'Cost per Passenger Mile' rates. Most of the identified strategies will
44
reduce our rate in all three metrics, but AC Transit expects 'Cost per Passenger' to be reduced the most due to potential gains in ridership. Based on projections, AC Transit has also observed significant reductions in the 'Cost per Passenger Mile' metric; however, since this is a metric that is not typically associated with bus transit and not specifically monitored by AC Transit, AC Transit will not consider this metric for the strategic plan.
AC Transit Reduction Strategies Organizational Direction Setting Strategies In the summer and fall of 2012, AC Transit participated in an Organizational Direction Setting exercise, which established the District's priorities to improve AC Transit's operations, staff productivity and financial efficiency. The outcomes of the exercise have produced comprehensive goals and objectives that not only improve the District's core business but also reduce costs. A number ofthese goals and objectives will be the basis for cost efficiencies to lower the rate of the metrics identified in this plan. They include: • • • •
Reduction in absenteeism that results in less overtime payments and ultimately, a reduction in the extra board rate by FY16-17. Reduction in accidents that results in less claims (both internally and externally) and less replacement parts. Investment in a health and well ness plan that will reduce health care costs through a healthier workforce. Restructuring labor agreements to be more efficient.
Ridership Increase Strategies In addition to the Organizational Direction Setting Strategies aimed toward creating operational efficiencies, AC Transit has a number of anticipated planning projects that will increase ridership and productivity, and will contribute toward meeting the reduction targets. These projects include: •
•
•
•
Bus Rapid Transit (BRT)- Though BRT may generate additional operating costs for the infrastructure and system maintenance, it is also projected to significantly increase ridership along the corridor beginning in 2016. Urban Trunk Corridor Improvements- The existing Line 51 Transit Performance Initiative (TPI) project will improve bus speed and reliability that will result in an increase in ridership. Staff expects to complete an additional corridor by FY 16-17. Comprehensive Operations Analysis (COA) Recommendations- The COA recommends strategies to increase frequency in the Urban Core network. If approved, the COA would recommend frequency improvements on major trunk lines that would generate more ridership and improve productivity. Coordinated Timings and Meets- AC Transit will regularly adjust the service network to optimize timed transfers and connections with other buses, BART and
45
•
•
•
•
employment/school start and end times. This will result in shorter wait times and improved connectivity. On-time Performance Improvement- AC Transit is making a concerted effort and setting a formal process to improve on-time performance through both schedule enhancements and improved supervision over transit operations. This improvement is also in line with the goals of the Organizational Direction Setting exercise. Area Service Plans- Over the next five years, AC Transit will continue to modify the service network in order to improve ridership and productivity. We have already developed initial service modifications for South County for targeted implementation in fall 2013. We will continue the process with examinations of North County, West County and other areas to update the service network and optimize it to meet current and future ridership demand. AC Transit will also explore improvements to service types such as Supplementary and Transbay services. Service Marketing and Branding -In conjunction with these planning efforts, AC Transit will focus on raising awareness of AC Transit and its service. As the District continues to improve transit operations, we will market and publicize our initiatives to create a positive image and enhance our brand of reliable transit service. AC Transit has initiated these efforts with the implementation of the "A Better Ride" marketing campaign that promotes the District's operational improvements, beginning with the purchase of new buses. Macroeconomic Conditions- Though this is not a controllable factor, AC Transit acknowledges the potential for the economy to rebound over the next few years, particularly in the job market. An improvement in the economy will generate more ridership demand and AC Transit will need to plan service, accordingly.
Public Employees' Pension Reform Act On February 27, 2013, AC Transit's Board of Directors adopted a Resolution 13-006 approving an amendment to the District's retirement plan to comply with the state's Public Employees' Pension Reform Act (PEPRA). The District's adoption of PEPRA is only applicable to employees who join AC Transit's retirement plan after January 1, 2013. Therefore, the initial savings to the District are minimal. However, over time, savings will increase and become more significant as reflected in the financial projections ofthis plan. Service Reductions Though service reductions are sometimes an unfortunate reality for AC Transit and other transit agencies that are reliant on variable funding sources, such as sales tax revenue, AC Transit will not implement any service reductions as a strategy to meet the targets ofthis plan.
46
Estimated Impact of Actions on Avg Weekday Ridership, FY12/13- FY17/18 Action On-time Performance/Timings & Meets Improved Reliability COA Recommendations Urban Trunk Capital Improvements Line 51 TPI Next TPI Project Bus Rapid Transit, International Corridor Change in Ridership on the International Blvd Corridor District 2 Service Plan Line 99 Marketi ng and Branding Macro Economics Total Increase in annual ridership Final Annual Ridership Percent Change
FY12/13
FY13/14
Program Year FY14/15
FY15/16
FY16/17
FY 17/18
-
218 674
653 2,021
870 2,694
870 2,694
870 2,694
-
-
1,600
3,200
-
3,200 1,071
3,200 1,071
-
-
-
1,450
5,800
5,800
750 2,027 3,382 14,372
750 2,702 4,509 21,596
750 2,702 4,509 21 ,596
3,664,961 57,455,591 6.8%
5,506,963 59,297,593 10.2%
5,123,723 58,914,353 9.5%
-
1,079
563 676 1,127 6,638
-
275,025 54,065,655 0.5%
1,692,n8 55,483,408 3. 1%
188
-
53,790,630 0.0%
-
47
Estimated Annual Costs, FY12/13- FY17/18 DRAFT 2013-03·01 Sub-category
Labor Costs Salary and Wages Fringe Benefits Pension ATU 3% Benefits Share, Ended (a) AFSCME 5% Salary Cut, Restored (b) Salary Progression (c) ATU Retiree OPEB (d) Pension Contribution Healthcare (e) Workers Compensation (f)
FY12/13
FY13114
107,964,000 73,547,000 39,137,060
$ $ $
.
$
$ $ $ $ $ $ $ $ $
·subtotal - - - - - - - - - - - - - - - - - - - - - - - - - - $- - 22o:64s)6o- $-
48
Non-Labor Costs Services Fuel & Lubricants Other Materials & Supplies Utilities & Taxes Casualty & Liability Interest Expense Other
$ $ $ $ $ $ $
·subtotal- --- --- - - ------- --- ------- $--
22,126,000 20,145,000 15,500,000 6,398,000 9,535,000 1,740,700 2,846,632 78:29(332-
107,964,000 73,547,000 39,137,060 2,550,000 1,200,000 431,796 2,100,000 1,713,000 3,060,000 750,000 -232:4527856-
$ $ $ $ $ $ $
$--
22,679,150 20,346,450 16,430,000 6,398,000 9,773,375 1,611 ,600 1,417,798 '78:ss6)73-
FY14115
$ $ $ $ $ $ $ $ $
$$ $ $ $ $ $ $
107,964,000 73,547,000 39,137,060 2,550,000 1,200,000 428,723 2,100,000 1,943,000 6,395,400 750,000 - 23(o1(1 83-
$--
23,246,129 20,549,915 17,415,800 6,398,000 10,017,709 1,469,200 3,029,180 i2712s7933-
Costs Associated with Improved Performance BRT International Corridor
FY16117
FY15116
$ $ $ $ $ $ $ $ $
$-
107,964,000 73,547,000 39,137,060 2,550,000 1,200,000 430,438 2,100,000 3,583,000 10,030,986 750,000 -24(292:48'4-
$ $ $ $ $ $ $
23,827,282 20,755,414 18,460,748 6,398,000 10,268,152 1,317,500 1,528,972 i275s(o68-
$
3,582,000
$--
$ $ $ $ $ $ $ $ $
$-
107,964,000 73,547,000 39,137,060 2,550,000 1,200,000 432,160 2,100,000 5,643,000 13,993,775 750,000 - 24773'1(995-
$ $ $ $ $ $ $
24,422,964 20,962,968 19,568,393 6,398,000 10,524,856 1,157,500 3,182,532 ss:217:213-
$
7,164,000
$- -
FY17/18
$ $ $ $ $ $ $ $ $
$-
107,964,000 73,547,000 39,137,060 2,550,000 1,200,000 433,888 2,100,000 5,613,000 18,313,214 750,000 - 2s1:6o8:1s3-
$ $ $ $ $ $ $
25,033,538 21 ,172,597 20,742,496 6,398,000 10,787,977 988,975 1,606,376
$
7,164,000
$ $ $ $ $
$- -
(4,113,721 ) (2,025,000) (900,000) (3,300,000) (6,700,191 ) {i7:o38:912)
$
328,463,212
$-- 8s~129:9s1-
·subtotal--------------------------$------.--$------.--$------.--$-- -(si27ooo- $-- -7:1'647ooo- $-- - 7:164:oooSavings Reduced Extra-board Accident Reduction, Claims Accident Reduction, Parts PEPRA Restructured Labor Costs/Health and Wellness
$ $ $
• -
$ $ $ $ $
(822,744) (405,000) (180,000) (650,000) (8,475,370) (io:s337114)
$
3oo,576,115 r-:fo6~2so~so9- $
"subtotal - - - - - - - - - - - - - - - - - - - - - - - - - - $- - - - - -.- - $- $ (a) ATU Benefit Contribution of 3% ended July 2012 (b) Restoration of 5% AFSCME Salary, Sept 2012 (c) Estimate of annual costs for regular salary increases (d) ATU Retiree Medical Benefit 'Nill go up to$ 2.10/hr (e) 9% CAGR for Healthcare Costs, per 10-year trendline (f) Additional Workers' Compensation Claims, based on recent increase
298,939,392
$ $ $ $ $
$-
(1,645,488) (810,000) (360,000) (1 ,270,000) (7,795,119) - ('i (88(607)
$ $ $ $ $
$-
(2,468,232) (1,215,000) (540,000) (1,930,000) (7,326,747) - (1(4797979) 313,950,573
$ $ $ $ $
(3,290,977) (1 ,620,000) (720,000) (2,590,000) (6,888,263) - c15,109)4o)
$
325,588,968
$-
Summary of Metrics, FY12/13- FY16/17 Costs per Fiscal Year Salary, Wages, Benefits Materials and Supplies Additional Expenses Savings Total
$ $ $ $ $
FY12113 220,648,060 78,291 ,332
FY13/14
FY14/15
FY15/16
FY16/17
FY17/18
$ 232,452,856 $ 78,656,373 $ $ (1 0 ,533,114) $ 300,576,115
$ 236,015,183 $ 82,125,933 $ $ (11 ,880,607) $ 306,260,509
$ 241 ,292,484 $ 82,556,068 $ 3,582,000 $ (13,479,979) $ 313,950,573
$ 247,316,995 $ 86,217,213 7,164,000 $ $ (15,1 09,240) $ 325,588,968
$ 251 ,608,163 $ 86,729,961 7 ,164,000 $ $ (17 ,038,912) $ 328,463,212
FY12113
FY13/14
FY14/15
FY15/16
FY16/17
FY17/18
53,790,630 175.560,703 1.685.688
54,065,655 176,458,322 1,685,688
55,483,408 181 ,085,555 1,685,688
57,455,591 187,522,324 1,685.688
59,297,593 193,534,210 1,685,688
59,297,593 193,534,210 1.685,688
FY12113
FY13/14
FY14/15
FY15/16
FY16/17
FY17/18 5.54 -5.1%
298,939,392
-
-
Service by Fiscal Year Unlinked Passenger Trips Passenger Miles Vehicle Revenue Hours Cost per Unlinked Trip, FY07/08- FY10/11 Cost per Unlinked Trip %Savings
$
5.56 $ -4.7%
5.56 $ -4.7%
5.52 $ -5.4%
5.46 $ -6.3% 1
5.49 $ -5.9%
1.70 $ -16.5%
FY13/14 1.70 $ -16.5%
FY14/15 1.69 $ -17.1%
FY15/16 1.67 $ -17.9% 1
FY16/17 1.68
FY12113 177.34 $ -9.5%
FY13/14 178.31 $ -9.0%
FY14/15 181.68 $ -7.3%
FY15/16 186.24 $ -5.0% 1
FY16/17
-
Cost per Passenger Mile, FY07/08 - FY1 0/11 FY12113
49
Cost per Passenger Mile %Savings
$
FY17/18
$
.-17.5".4" -
-
1.70 -16.8%
Cost per Vehicle Revenue Hour, FY07/08- FY10/11 Cost per Vehicle Revenue Hour %Savings
$
193.15
-1::5".4
FY17/18
$
194.85 -0.6%
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50
Report No: Meeting Date:
11-117b March 27, 2013
Alameda-Contra Costa Transit District
STAFF REPORT TO:
AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
BP Biogas and Natural Gas Procurement for Seminary Division Stationary Fuel Cell
ACTION ITEM RECOMMENDED ACTION(S) : 1. Consider authorizing the General Manager to accept Shell Energy' s termination of a 5-year contract for providing biogas and natural gas to operate the Seminary Division's stationary fuel cell. 2. Consider authorizing the General Manager to execute a 5-year contract with BP for the purchase of biogas and natural gas to fuel the Seminary Division's stationary fuel cell. EXECUTIVE SUMMARY: On July 25, 2012 the Board authorized the General Manager to execute a contract with Shell Energy (Shell) to provide a five-year supply of biogas to fuel the Seminary Division's stationary fuel cell, which is scheduled to come on line during the last week of March 2013. The contract was executed on August 13, 2012. Shell notified the District on February 8, 2013 that it was terminating its agreement with the District, since its supplier of biogas was unable to secure financing to produce the biogas and Shell was unable to identify an alternative supply. BP Energy Company (BP) was the only other bidder for the biogas, and they have committed to the terms and conditions of their bid from July 2012, which is not materially different than the Shell contract. BP will provide the District biogas from a landfill in Washington State at a price of $13.85/mmBTU (Shell's price- $13.35/mmBTU), while maintaining the Shell price for natural gas of $.15 above the PG&E Citygate index price. BP has indicated that they can provide gas to the District as early as April 1, 2013. PG&E and FTA staff have been notified about the termination of the Shell contract and possible delay in the provision of biogas for the project and neither indicated that a lag in time between the startup of the stationary fuel cell and the availability of biogas will affect either the SGIP rebate of $2.1 million or the FTA grant of $6 million. BUDGETARY/FISCAL IMPACT: The $.50/mmBTU additional cost of the BP biogas supply over the price originally offered by Shell will result in an estimated net decrease of $42,000 (NPV) in operating revenues over the five-year term.
51
Report No. 11-117b Page 2 of 3 BACKGROUND/RATIONALE:
The District was awarded a Federal Transit Administration (FTA) Transit Investments for Greenhouse Gas and Energy Reduction II (TIGGER II) grant of $6 million and a California SelfGeneration Incentive Program (SGIP) rebate of $2.1 million to fund the acquisition of a solid oxide fuel cell powered by biogas and an electrolyzer to produce carbon-neutral hydrogen. The use of biogas to reduce greenhouse gas emissions is a requirement of the FTA grant and the SGIP rebate. The contract for biogas was competitively procured in July 2012, with the Invitation For Bids (IFB) issued to 133 potential bidders. The District received only two proposals, one from Shell and the other from BP. Shell was awarded the bid based on a price of $13.35/mmBTU for the biogas, and following Board approval, a contract was executed on August 13, 2012. In early December 2012, staff was notified by Shell that their intended source of biogas (a planned anaerobic digester in Perris, California) failed to materialize, because the developer was unable to receive bank financing for the project. Shell attempted to locate an alternative source of biogas; however, they were not able to secure a cost effective agreement with an out-of-state landfill supplier to provide the District with biogas. In early February, Shell informed staff that their attorneys ruled against any assignments, and the District was sent a notice of termination on February 8 (see Attachment No.1). Staff contacted BP as the second bidder to determine their interest in executing a contract with the District under the terms and conditions of their bid in 2012. BP responded affirmatively and offered a price of $13.85/mmBTU for biogas, while matching Shell's price for the residual natural gas. Staff has briefed PG&E on this latest development and sent them documentation of Shell's cancellation of the biofuel contract. While the District is on schedule to start up its Bloom Energy fuel cell system at the Seminary Division on or around March 27 using natural gas, FTA and PG&E have indicated that they would approve the District's interim use of natural gas without any loss of grant funds, providing the District is able to establish a new five-year contract for biogas. ADVANTAGES/DISADVANTAGES:
Reverting to the second bidder will expedite the transition from one supplier to another and ensure the District will incur a minimum delay in sourcing biogas. While FTA and PG&E are flexible with regard to the exact timing to procure biogas, it is to the advantage of the District to procure a new source of biogas as soon as possible. The cost of the biogas is $.50/mmBTU higher than the Shell bid, resulting in a reduction of projected net operating revenues over the first five years of the stationary fuel cell project of $42,000 (NPV).
52
Report No. 11-117b Page 3 of 3 PROGRAM RISKS
If the biogas supplier is unable to supply biogas equal to at least 75% of total annual consumption by the fuel cell system in any year of the first five years of the project, the District may be required to refund a pro-rated share (based on actual percentage of biogas used) of the SGIP funds, up to $168,000 per year. The federal grant of $6 million is based on the reduction in C0 2 emissions associated with the production of hydrogen from the electrolyzer using power from a biogas-fed stationary fuel cell. If the District were unable to obtain biogas, it's possible that FTA might require repayment of some portion of the federal grant. BP has a long-term contract with the landfill supplier and has been using this source to fuel other stationary fuel cell projects in California. Unlike Shell's plan to rely on a source that had not yet been built, BP has an established supply commitment, which is documented with a letter of attestation submitted to PG&E.
ALTERNATIVES ANALYSIS:
The availability of biogas at quantities of 53 mmBTU per day (the District's projected daily consumption level) is limited in the marketplace, since suppliers normally provide these types of fuels only at much higher volumes. The District solicited proposals for biogas in November 2011 and only received one response after expecting responses from three companies who had expresed an interest. A second effort in July 2012 resulted in only two bids from 133 companies solicited as possible sources of the biogas. The significant decline in natural gas prices has impacted the availability of biogas. BP has indicated that they are able to provide the District with 53 mmBTU of biogas per day on short notice because of available capacity at BP's landfill source in the state of Washington. PRIOR RELEVANT BOARD ACTIONS/POLICIES:
SR11-117a ATTACHMENTS: 1. Shell Notice of Termination, February 8, 2013
Department Head Approval: Reviewed Prepared
by: by:
James Pachan, Chief Operating Officer Kenneth C. Scheidig, Interim General Counsel Lewis Clinton, Chief Financial Officer Jaimie Levin, Director of Environmental Technology
53
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54
Attachment No.1 to SR11-117b
Shell Energy North America (US), LP. 4445 Eastgate Mall. Ste 100 San Diega, CA 92121 Tel+ I 877·504·2491 www.shell.com/us/energy 02/08/2012 Alameda-Contra Casta Transit District 1600 Franklin Street Oakland, CA 94612 Phone: (51 O) 891-7244 Attention: Contract Administration Re:
Transaction Confirmation dated August 13, 2012 between Alameda-Contra Costa Transit District ("AC Transit") and Shell Energy North America (US), LP. (the "Transaction Confirmation")
All: Pursuant to Section 3(i) and (ii) of the above referenced Transaction Confirmation, Shell Energy North America (US), L.P. hereby provides notice of its intent to terminate said Transaction Confirmation effective immediately. As the Project (referenced in the Tronsaclion Con~rmation) has lost its financing, construction of the Project has yet to begin, thus a commercial operation date by March 1, 2013 will not occur. The existing Base Contract for Sale and Purchase of Natural Gas dated August 13, 2012 will remain in effect. As previously discussed with Jaimie Levin, we would be willing to supply AC Transit with its (brown) natural gas needs, under a new transaclion confirmation that would be executed between the parties. We value our business relationship with you. If you have questions or need additional information, please contact me by phone at (858) 320-1577 or by email at
[email protected]
Cc: Jaimie Levin
55
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56
Report No: Meeting Date:
12-314d March 27, 2013
Alameda-Contra Costa Transit District
STAFF REPORT TO :
AC Transit Board of Directors
FROM:
Kenneth C. Scheidig, Interim General Counsel
SUBJECT:
Clarification of contents of Resolution No. 13-006 and attachment adopted on March 13, 2013
ACTION ITEM RECOMMENDED ACTION(S):
Adopt motion confirming the content of Resolution No. 13-006 and Amendment 13-A-16. EXECUTIVE SUMMARY:
When the Board voted at its meeting of February 27, 2013 to adopt Resolution No. 13-006 to amend the District's Retirement Plan (Amendment 13-A-16) staff inadvertently failed to clarify the inclusion/exclusion, as appropriate, of portions of the resolution and amendment that were highlighted in these documents. Due to conversation regarding labor relations issues held in closed session immediately prior to the Board meeting, the Board was cognizant of the changes. However, the public session record should be clarified to reflect the following changes:
1.
The optional Section 2, page 2 of Resolution No. 13-006 repealing Resolution No. 12-030 (A Resolution Approving Pension Benefits for Unrepresented Employees) was not adopted.
2. Section 13.3 of 13-A-16 was adopted with the inclusion of the highlighted language which reads : "July 1, 2012, for each Non-Represented Employee who first becomes a Participant on or after July 1, 2012." BUDGETARY/FISCAL IMPACT:
There is no budgetary impact.
BACKGROUND/RATIONALE:
The purpose of the adoption of the motion is to clarify for the public record the content of Resolution No. 13-006 and the attached District Retirement Plan amendment 13-A-16. ADVANTAGES/DISADVANTAGES:
The advantage is the clarification of the public record.
57
Report No. 12-314d Page 2 of 2 ALTERNATIVE ACTIONS:
None PRIOR RELEVANT BOARD ACTIONS/POLICIES:
Adoption of the Resolution and Plan Amendment on February 27, 2013. ATTACHMENTS: 1:
Draft Resolution No. 13-006 and 13-A-16
2:
Adopted Resolution No. 13-006 and 13-A-16
Department Head Approval:
Kenneth C. Scheidig, Interim General Counsel
Reviewed by:
Kenneth C. Scheidig, Interim General Counsel
Prepared by:
Kenneth C. Scheidig, Interim General Counsel
58
Att. 1 to 12-314d ALAMEDA-CONTRA COSTA TRANSIT DISTRICT RESOLUTION NO. 13-006 A RESOLUTION APPROVING AMENDMENT 13-A-16 TO THE ALAMEDA-CONTRA COSTA TRANSIT DISTRICT EMPLOYEES' RETIREMENT PLAN TO COMPLY WITH THE PUBLIC EMPLOYEES' PENSION REFORM ACT OF 2013 ALSO KNOWN AS ASSEMBLY BILL NO. 340
WHEREAS, the Alameda-Contra Costa Transit District Board of Directors (the District) is authorized by the California Public Utilities Code to establish a retirement system; and WHEREAS, the District has created a retirement system known as the AC Transit Employees' Retirement Plan (the Plan), which Plan may be amended from time to time; and WHEREAS, the California Legislature sent the Public Employees' Pension Reform Act of 2013 (AB 340 or PEPRA) to Governor Brown on or about August 31, 2012, which he signed on or about September 12, 2012 with an effective date of January 1, 2013; and WHEREAS, the District has been advised by legal counsel that it is necessary to amend the District's Plan to comply with AB 340; and WHEREAS, a proposed amendment of the District's Plan (the Plan Amendment) to comply with AB 340 has been prepared by legal counsel as set forth in Attachment A; and WHEREAS, in accordance with California Government Code Section 7507, the District's actuarial consultant prepared a report, dated December 11, 2012 and a revised report dated January 2, 2013 (the Reports) to estimate the effect on the District's current and future unfunded actuarial accrued liabilities and Annual Required Contributions resulting from PEPRA and by extension the Plan Amendment; and WHEREAS, the initial Report was placed on the District's website for public review and comment on December 13, 2012 and was available until January 2, 2013. The revised Report was posted to the District's website on January 12, 2013 and was available for public review and comment from that date to the present; and WHEREAS, no public comments on the Report have been received; and WHEREAS, in accordance with Board Policy No. 170, the Plan Amendment has been provided to Retirement Board staff, the affected unions (ATU, Local 192, AFSCME, Local 3916 and IBEW, Local 1245) and the Retirement Board for review and comment; and
Resolution No. 13-006
Page 1 59
Att. 1 to 12-314d
WHEREAS, in early December 2012, the District offered to engage in good faith negotiations with the aforementioned unions concerning the proposed Plan Amendment; and WHEREAS, the District on December 21, 2012, received a letter from ATU, Local 192's counsel contending that PEPRA removes mandatory and/or traditional subjects of collective bargaining from consideration by the District and ATU under the provisions of section 13(c) of the Federal Transit Act (49 U.S. C. sec. 5333(b)(2)(B)), case law and the doctrine of federal preemption; and WHEREAS, by letter of January 7, 2013, to ATU's counsel, the District reaffirmed its readiness to bargain in good faith with ATU regarding the Plan Amendment and identified with specificity issues under PEPRA that require discussion and good faith negotiations; and WHEREAS, in early January 2013, the Board was advised that authorized representatives of AFSCME Local 3916 and IBEW Local1245 informed the District that said labor unions were in agreement with the Plan Amendment; and WHEREAS, the Retirement Board on January 14 and on February 14, 2013 authorized its staff to provide comments on the proposed Plan Amendment; and WHEREAS, Retirement Board staff provided comments on the proposed Plan Amendment to the District's legal counsel and District staff on January 16, 2013, and additional comments on February 14, 2013; said comments were provided to and duly considered by the District's Board of Directors prior to the consideration and adoption of the Plan Amendment; NOW, THEREFORE, after giving due consideration to the information provided to it, as outlined in the aforementioned Whereas clauses, the Alameda-Contra Costa Transit District Board of Directors does resolve as follows: SECTION 1. Amends the AC Transit Employees' Retirement Plan as set forth in Attachment A hereto, which is incorporated by this reference as though set forth fully in the body of this resolution. SECTION 2. Repeals Resolution No. 12-030 (A Resolution Approving Pension Benefits For Unrepresented District Employees). (This is an option. If this option is adopted the following sections will need to be renumbered) SECTION 2. Directs staff to begin implementation of the Plan Amendment. SECTION 3. Directs staff to again reaffirm to ATU, Local192 the District's desire and willingness to engage in good faith negotiations to achieve resolution and agreement on issues under PEPRA, which can and will affect ATU's members.
Resolution No. 13-006
Page2 60
Att. 1 to 12-314d
SECTION 4. Further directs staff to continue to monitor any legislation sought exempt transit employees from the provisions of PEPRA, and to monitor decisions the United States Department of Labor interpreting the application of Section 13(c) PEPRA and, as the result of such monitoring, bring to the Board's attention the need take any action to modify the Plan Amendment as adopted.
to of to to
SECTION 5. This resolution shall become effective immediately upon its passage by four affirmative votes of the Board of Directors.
RESOLUTION NO. 13-06 WAS PASSED AND ADOPTED this _ February 2013.
day of
Greg Harper, President Attest:
Linda A. Nemeroff, District Secretary
I, Linda Nemeroff, District Secretary for the Alameda-Contra Costa Transit District, certify that the foregoing Resolution was passed and adopted at a Regular Meeting of the Board of Directors held on the _day of January 2013, by the following roll call vote: AYES:
DIRECTORS:
NOES:
DIRECTORS:
ABSENT:
DIRECTORS:
ABSTAIN:
DIRECTORS:
Linda A. Nemeroff, District Secretary Approved As To Form and Content:
Kenneth C. Scheidig, Interim General Counsel
Resolution No. 13-006
Page3 61
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62
Att. 1 to SR 12-314d DRAFT 2/22/13 AMENDMENT 13-A-16 AC TRANSIT EMPLOYEES' RETIREMENT PLAN
The AC Transit Employees' Retirement Plan (the "Plan") hereby is amended by adding a new Article XIII as set forth below. Capitalized terms not defined in this amendment have the same definitions as in the Plan.
ARTICLE XIII PUBLIC EMPLOYEES' PENSION REFORM ACT
13.1
Construction.
(a) Effective Date. The provisions of this Article XIII are effective as of the dates set forth below. (b) Application and Interpretation. As of the applicable effective date, this Article XIII takes precedence over any conflicting provision of the Plan; all other Plan provisions remain in full force and effect. Article XIII will be interpreted and administered in accordance with the applicable requirements of the California Public Employees' Pension Reform Act of 2013, which are codified in Article 4, Chapter 21 of Division 7 of Title 1 of the California Government Code, as amended from time to time ("PEPRA"). (c) Authority to Amend. The District reserves the right to retroactively or prospectively amend this Article XIII as appropriate to (1) incorporate provisions reflecting the District's 2012 collective bargaining agreements (CBA) with the bargaining units represented by IBEW and AFSCME , subject to any collective-bargaining obligations, (2) incorporate the terms of the 2012 resolution of the District's Board of Directors ("District Board") concerning Participants who are Non-Represented Employees, and (3) reflect any amendments to or authoritative guidance under PEPRA affecting the Plan. 13.2 Provisions Applicable to All Participants. This Section 13.2 is effective J.anuary 1, 2013, for every Participant, regardless of when his or her participation in the Plan begins. (a) No Retroactive Benefit Enhancements. Any enhancement to a Participant's Benefit that is adopted on or after January 1, 2013, or that results from a change to the Participant's classification or employment on or after that date, will apply only to Service performed on or after the operative date (as defined in section 7522.44 of the California Government Code) of the enhancement, and will not be applied to any Service performed prior to the operative date of the enhancement.
4840992.8 63
(b) Purchases of Nonqualified Service Credit Prohibited. The purchase of nonqualified service credit, as defined by section 415(n)(3)(C) of the Internal Revenue Code, is not permitted. (c) Reinstatement of Retired Participants. Except as provided under Section 13.2(d), if a retired Participant who is receiving a Benefit serves the District, or is employed by, or employed through a contract directly by the District, he or she will be reinstated. If a Participant is reinstated, payment of the Participant's Benefit will cease; and, the Participant will resume participation in the Plan, but only if he or she is eligible to participate under Section 2.1. This Section 13.2(c) applies only to retired Participants who return to employment or service on or after January 1, 2013. (d) Exception to Reinstatement. A retired Participant will not be reinstated under Section 13.2(c) if all of the following conditions are satisfied: (1) The District Board appoints the Participant either during an emergency to prevent stoppage of public business or because he or she has skills needed to perform work of a limited duration. (2)
The appointment does not exceed a total of 960 hours in a Plan
Year. (3) The monthly rate of pay for the appointment is neither less than the minimum nor more than the maximum paid by the District to other Employees performing comparable duties, divided by 173.333 to equal an hourly rate. (4) The Participant does not earn any benefit under the Plan during the appointment. (5) Upon accepting the appointment, the Participant certifies in writing that he or she did not, during the 12 months preceding the appointment, receive any unemployment-insurance compensation arising out of the Participant's prior employment with the District. If the Participant accepts the appointment after receiving that type of compensation, the District must terminate the Participant's employment or service on the last day of the current pay period; and, this Section 13.2(d) will not apply to the Participant for 12 months after the termination date. (6) The appointment may not begin during the 180-day period after the Participant's retirement under the Plan, unless (A) the District certifies the nature of the employment or service and that the appointment is necessary to fill a critically needed position before 180 days has passed, (B) the District Board approves the appointment at a public meeting (the appointment may not be placed on a consent calendar), and (C) the Participant did not receive a retirement incentive at retirement. (e)
Felony Convictions.
(1) If a current or former Participant is convicted on or after January 1, 2013, of a felony, whether in state or federal court, then effective on the conviction date: the Participant will forfeit all rights and benefits accrued under
2 4840992.8 64
the Plan from the date the Participant first committed the felony, and the Participant will not accrue further benefits under the Plan. (2) Unless otherwise ordered by a court or determined by the Retirement Board, any contributions made to the Plan by the Participant on or after the date he or she first committed the Felony will be returned, without interest, to the Participant upon the earliest of the Participant's death, separation from District employment, or Retirement. "Felony" for purposes of this Section 13.2(e) means any felony (3) under state or federal law for conduct arising out of the Participant's official duties as a public employee, in pursuit of his or her appointment or election as a public employee, or in connection with obtaining salary, disability retirement, service retirement or other benefits associated with his or her public employment. (4) This Section 13.2(e) will be interpreted and administered in accordance with the requirements of sections 7522.72 and 7522.7 4 of the California Government Code, including, but not limited to, any applicable rules governing notice and reversal of conviction, which requirements are herein incorporated by this reference. 13.3 Provisions Applicable to New Participants. Except as otherwise specified below, this Section 13.3 is effective for only the following Participants on these dates: January 1, 2013, for each Represented Employee who first becomes a Participant on or after January 1, 2013; and, July 1, 2012, for each Non-Represented Employee who first becomes a Participant on or after July 1, 2012. (a) Definition of Compensation. For purposes of determining the Participant's Benefit, "Compensation" means the normal monthly rate of pay or base pay of the Participant paid by the District in cash to similarly situated Employees of the same group or class of employment for services rendered on a full-time basis during normal working hours, pursuant to publicly available pay schedules. Deferred amounts will be included in Compensation when earned rather than when paid. The following amounts are excluded from Compensation: (1) Any amount that the Board determines has been paid to increase the Participant's Benefit. (2) Any amount that is (A) paid in kind to the Participant, or was paid directly to a third-party (other than the Plan) for the Participant's benefit, and (B) subsequently converted to and received by the Participant in cash. (3)
Any one-time or ad hoc payments to the Participant.
(4) Severance or any other payment that is granted or awarded to the Participant in connection with, or in anticipation of, a separation from employment, but is received by the Participant while employed. (5) Any payments for unused vacation, annual leave, personal leave, sick leave, or compensatory time off, however denominated.
3 4840992.8 65
(6) Any payments for additional services rendered outside of normal working hours. (7) Any employer-provided allowance, reimbursement, or payment, including, but not limited to, one made for housing, vehicle, or uniforms. (8) Compensation for overtime work, other than as defined in Section 207(k) of Title 29 of the United States Code. (9) District contributions to deferred compensation or defined contribution plans. (10) 13.3(a).
Any bonus paid in addition to the amounts described in Section
(11) Any other form of compensation that the Board determines is inconsistent with the requirements of Section 13.3(a). (12) Any other form of compensation that the Board determines should not be included in Compensation. (13) For each calendar year, any amount in excess of $113,700, the contribution and benefit base specified in section 430(b) of Title 42 of the United States Code on January 1, 2013. The Board will adjust the annual Compensation limit described in the preceding sentence after each annual actuarial valuation of the Plan based on changes to the Consumer Price Index for All Urban Consumers. The adjustment will be effective on the January 1 following each such annual valuation. (b) Definition of Monthly Average Earnings. For purposes of determining the Participant's Benefit, "Monthly Average Earnings" means the highest average annual Compensation earned by the Participant during a period of at least 60 consecutive months (36 consecutive months, in the case of an Eligible Age Employee) immediately preceding his or her Retirement, or during any other period of at least 60 consecutive months (36 consecutive months, in the case of an Eligible Age Employee) during the Participant's applicable service that the Participant designates on the application for retirement. (c)
Participant Contributions.
(1) For a Participant who is a Non-Represented Employee, this Section 13.3(c) is effective January 1, 2013. For a Participant who is a Represented Employee, this Section 13.3(c) is effective on the later of (i) January 1, 2013, or (ii) the date on which the CBA between the District and the Participant's Union, as in effect on January 1, 2013, expires or, if earlier, the renewal, amendment, or other extension of that CBA. (2) Each Participant must contribute part of his or her Compensation to the Plan. The initial contribution rate will equal 50% of the normal cost rate, rounded to the nearest quarter of 1%. The District may not pay any portion of this
4 4840992.8 66
contribution for any Participant. The Participant contribution rate will be expressed as a percentage of Compensation. (3) Once established, the Participant contribution rate will be adjusted to reflect a change in the normal cost rate, but only if the normal cost rate increases by more than 1% of payroll above or below the normal cost rate in effect on the later of: (i) the date the Participant contribution rate is first established, or (ii) the date of the last adjustment to the Participant contribution rate under this paragraph. (4) The Participant contribution rate may be more than 50% of the normal cost rate, but only if the requirements of section 7522.30(e) of the Government Code are satisfied. (5) For purposes of this Section 13.3(c), "normal cost rate" means the total annual actuarially determined normal cost under the entire Plan of Benefits for Participants covered by the Service Retirement Benefit formula under Section 13.3(d), as determined by the Plan's actuary in accordance with the Board's funding policy. (6) All Participant contributions will be collected by deducting the amounts thereof from the Compensation due to the Participant from the District. Participant contributions will not be deducted from any amount due to a Participant for any calendar year in excess of the limit described in Section 13.3(a)(13). (7) An individual account will be established for each Participant in order to record the Participant's contributions to the Plan. The account balance will be credited with interest based on the monthly average yield on 13-week (fixed maturity) Treasury bills. If a Participant's District employment terminates before the Participant is Vested, the Participant's entire account balance will be distributed in lump sum as a refund to the Participant as soon as administratively practicable. A Deferred Vested Participant may at any time elect to receive distribution of his or her entire account balance in lump sum, upon which the Deferred Vested Participant's participation in the Plan will cease and he or she will no longer be entitled to any Benefit. Upon Retirement, a Participant will not be entitled to a refund of any part of the Participant's account. This Section 13.3(c)(7) will be subject to negotiations or further District Board action (as appropriate) addressing various topics, including but not limited to the terms and conditions applicable to a Participant who resumes participation in the Plan after receiving a refund or his or her account balance. (d)
Service Retirement Allowance.
(1) Each Participant who has (A) completed at least five complete Years of Service, (B) reached at least age 52, (C) terminated service as an Employee, and (D) completed and submitted an application for benefits, at the time and manner determined by the Board, may retire for service and receive a Service Retirement Benefit.
5 4840992.8 67
(2) The Service Retirement Benefit payable to a Participant upon meeting the requirements in Section 13.3(d)(1) will equal the percentage of the Participant's Monthly Average Earnings, as determined in accordance with the following schedule based on the Participant's age at retirement, taken to the preceding quarter year, multiplied by the Participant's Years of Service. Age at Retirement 52 52Y. 52Y:! 52% 53 53Y. 53Y:! 53% 54 54Y. 54Y:! 54% 55 55Y. 55Y:! 55% 56 56Y. 56Y:! 56% 57 57Y. 57Y:! 57% 58 58Y. 58Y:! 58% 59 59Y. 59Y:! 59% 60 60Y. 60Y:! 60% 61 61Y.
Percentage 1.000% 1.025% 1.050% 1.075% 1.100% 1.125% 1.150% 1.175% 1.200% 1.225% 1.250% 1.275% 1.300% 1.325% 1.350% 1.375% 1.400% 1.425% 1.450% 1.475% 1.500% 1.525% 1.550% 1.575% 1.600% 1.625% 1.650% 1.675% 1.700% 1.725% 1.750% 1.775% 1.800% 1.825% 1.850% 1.875% 1.900% 1.925%
6 4840992.8 68
Age at Retirement 61Y:! 61% 62 62Y. 62Y:! 62% 63 63Y. 63Y:! 63% 64 64Y. 64Y:! 64% 65 65Y. 65Y:! 65% 66 66Y. 66Y:! 66% 67 13.4
Percentage 1.950% 1.975% 2.000% 2.025% 2.050% 2.075% 2.100% 2.125% 2.150% 2.175% 2.200% 2.225% 2.250% 2.275% 2.300% 2.325% 2.350% 2.375% 2.400% 2.425% 2.450% 2.475% 2.500%
Funding.
(a) In any Plan Year beginning on or after January 1, 2013, the District's contribution to the Plan, in combination with Participant contributions to the Plan, may not be less than the actuarially determined normal cost of Benefits for all Participants under the entire Plan for the Plan Year. (b)
The Board may suspend contributions only when all of the following
occur: (1) The Plan is funded by more than 120%, based on the computation by the Plan's actuary in accordance with the Governmental Accounting Standards Board requirements that is included in the annual valuation. (2) The Plan's actuary determines, based on the annual valuation, that continuing to accrue excess earnings could result in disqualification of the Plan's tax exempt status under the Code. (3) The Board determines that the receipt of any additional contributions required by this section would conflict with its fiduciary responsibility set forth in Section 17 of Article XVI of the California Constitution.
7 4840992.8 69
IN WITNESS WHEREOF, the Plan is hereby amended as set forth above on this_ day of - - - - - ' 2013.
By: _________________________
Its:
-------------------------
8 4840992.8 70
SR 12-314d Attachment 2
ALAMEDA-CONTRA COSTA TRANSIT DISTRICT RESOLUTION NO. 13-006 A RESOLUTION APPROVING AMENDMENT 13-A-16 TO THE ALAMEDA-CONTRA COSTA TRANSIT DISTRICT EMPLOYEES' RETIREMENT PLAN TO COMPLY WITH THE PUBLIC EMPLOYEES' PENSION REFORM ACT OF 2013 ALSO KNOWN AS ASSEMBLY BILL NO. 340 WHEREAS, the Alameda-Contra Costa Transit District Board of Directors (the District) is authorized by the California Public Utilities Code to establish a retirement system; and WHEREAS, the District has created a retirement system known as the AC Transit Employees' Retirement Plan (the Plan), which Plan may be amended from time to time; and WHEREAS, the California legislature sent the Public Employees' Pension Reform Act of 2013 (AB 340 or PEPRA) to Governor Brown on or about August 31, 2012, which he signed on or about September 12, 2012 with an effective date of January 1, 2013; and WHEREAS, the District has been advised by legal counsel that it is necessary to amend the District's Plan to comply with AB 340; and WHEREAS, a proposed amendment of the District's Plan (the Plan Amendment) to comply with AB 340 has been prepared by legal counsel as set forth In Attachment A; and WHEREAS, in accordance with California Government Code Section 7507, the District's actuarial consultant prepared a report, dated December 11, 2012 and a revised report dated January 2, 2013 (the Reports) to estimate the effect on the District's current and future unfunded actuarial accrued liabilities and Annual Required Contributions resulting from PEPRA and by extension the Plan Amendment; and WHEREAS, the initial Report was placed on the District's website for public review and comment on December 13, 2012 and was available until January 2, 2013. The revised Report was posted to the District's website on January 12, 2013 and was available for public review and comment from that date to the present; and WHEREAS, no public comments on the Report have been received; and WHEREAS, in accordance with Board Policy No. 170, the Plan Amendment has been provided to Retirement Board staff, the affected unions {ATU, Local 192, AFSCME, Local 3916 and IBEW, Local1245) and the Retirement Board for review and comment; and WHEREAS, in early December 2012, the District offered to engage in good faith negotiations with the aforementioned unions concerning the proposed Plan Amendment; and
Resolution IVo. 13-006
Pagel o/3
71
WHEREAS, the District on December 21, 2012, received a letter from ATU, Local 192's counsel contending that PEPRA removes mandatory and/or traditional subjects of collective bargaining from consideration by the District and ATU under the provisions of section 13(c) of the Federal Transit Act (49 U.S.C. sec. 5333(b)(2)(B)), case law and the doctrine of federal preemption; and WHEREAS, by letter of January 7, 2013, to ATU's counsel, the District reaffirmed its readiness to bargain in good faith with ATU regarding the Plan Amendment and identified with specificity issues under PEPRA that require discussion and good faith negotiations; and WHEREAS, in early January 2013, the Board was advised that authorized representatives of AFSCME Local 3916 and IBEW Local 1245 informed the District that said labor unions were in agreement with the Plan Amendment; and WHEREAS, the Retirement Board on January 14 and on February 14, 2013 authorized its staff to provide comments on the proposed Plan Amendment; and WHEREAS, Retirement Board staff provided comments on the proposed Plan Amendment to the District's legal counsel and District staff on January 16, 2013, and additional comments on February 14, 2013; said comments were provided to and duly considered by the District's Board of Directors prior to the consideration and adoption of the Plan Amendment; NOW, THEREFORE, after giving due consideration to the information provided to it, as outlined in the aforementioned Whereas clauses, the Alameda-Contra Costa Transit District Board of Directors does resolve as follows: SECTION 1. Amends the AC Transit Employees' Retirement Plan as set forth in Attachment A hereto, which is incorporated by this reference as though set forth fully in the body ofthis resolution. SECTION Z.
Directs staff to begin implementation of the Plan Amendment.
SECTION 3. Directs District staff to engage in good faith negotiations with ATU Local 192 regarding the provisions of PEPRA as required by the Federal Public Transportation Act, codified at 49 U.S.C. Section 5333(b)(commonly referred to as "Section .13(c)" of the Urban Mass Transportation Act of 1964). SECTION 4. Further directs staff to continue to monitor any legislation amending PEPRA, and decisions of the United States Department of Labor interpreting the application of Section 13(c} to PEPRA and, as the result of such monitoring, bring to the Board's attention the need to take any action to modify the Plan Amendment as adopted. SECTION 5. This resolution shall become effective immediately upon its passage by four affirmative votes of the Board of Directors. Page2of3
Resolution No. 13-006
72
PASSED AND ADOPTED this 21'h day of February, 2013.
Attest:
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 27th day of February, 2013, by the following roll call vote: AYES:
VICE PRESIDENT WALLACE, PRESIDENT HARPER, DIRECTORS ORTIZ, PEEPLES, DAVIS
NOES:
DIRECTORS WILLIAMS, YOUNG
ABSENT:
NONE
ABSTAIN:
NONE
Approved as to Form and Content:
Poge3of3
Resolution No. 13-006
73
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74
Resolution No. 13-006 Attachment A AMENDMENT 13-A-16 AC TRANSIT EMPLOYEES' RETIREMENT PLAN
The AC Transit Employees' Retirement Plan (the "Plan") hereby is amended by adding a new Article XIII as set forth below. Capitalized terms not defined in this amendment have the same definitions as in the Plan.
ARTICLE XIII PUBLIC EMPLOYEES' PENSION REFORM ACT 13.1
Construction.
(a) forth below.
Effective Date. The provisions of this Article XIII are effective as of the dates set
(b) Application and Interpretation. As of the applicable effective date, this Article XIII takes precedence over any conflicting provision of the Plan; all other Plan provisions remain in full force and effect. Article XIII will be Interpreted and administered in accordance with the applicable requirements ofthe California Public Employees' Pension Reform Act of 2013, which are codified in Article 4, Chapter 21 of Division 7 of Title 1 of the California Government Code, as amended from time to time ("PEPRA"). (c) Authority to Amend. The District reserves the right to retroactively or prospectively amend this Article XIII as appropriate to (1) incorporate provisions reflecting the District's 2012 collective bargaining agreements (CBA) with the bargaining units represented by IBEW and AFSCME, subject to any collective-bargaining obligations, (2) incorporate the terms of the 2012 resolution of the District's Board of Directors ("District Board") concerning Participants who are Non-Represented Employees, and (3) reflect any amendments to or authoritative guidance under PEPRA affecting the Plan. 13.2 Provisions Applicable to All Participants. This Section 13.2 is effective January 1, 2013, for every Participant, regardless of when his or her participation in the Plan begins. (a) No Retroactive Benefit Enhancements. Any enhancement to a Participant's Benefit that is adopted on or after January 1, 2013, or that results from a change to the Participant's classification or employment on or after that date, will apply only to Service performed on or after the operative date (as defined in section 7522.44 of the California Government Code) of the enhancement, and will not be applied to any Service performed prior to the operative date of the enhancement.
4840992.8
75
(b) Purchases of Nongualified Service Credit Prohibited. The purchase of nonqualified service credit, as defined by section 415(n)(3)(C) of the Internal Revenue Code, is not permitted. (c) Reinstatement of Retired Participants. Except as provided under Section 13.2(d), if a retired Participant who is receiving a Benefit serves the District, or is employed by, or employed through a contract directly by the District, he or she will be reinstated. If a Participant is reinstated, payment of the Participant's Benefit will cease; and, the Participant will resume participation in the Plan, but only if he or she is eligible to participate under Section 2.1. This Section 13.2(c) applies only to retired Participants who return to employment or service on or after January 1, 2013. (d) Exception to Reinstatement. A retired Participant will not be reinstated under Section 13.2(c) if all of the following conditions are satisfied: (1) The District Board appoints the Participant either during an emergency to prevent stoppage of public business or because he or she has skills needed to perform work of a limited duration. (2)
The appointment does not exceed a total of 960 hours in a Plan Year.
{3) The monthly rate Of pay for the appointment is neither less than the minimum nor more than the maximum paid by the District to other Employees performing comparable duties, divided by 173.333 to equal an hourly rate. (4) appointment.
The Participant does not earn any benefit under the Plan during the
(5) Upon accepting the appointment, the Participant certifies in writing that he or she did not, during the 12 months preceding the appointment, receive any unemployment-insurance compensation arising out of the Participant's prior employment with the District. lfthe Participant accepts the appointment after receiving that type of compensation, the District must terminate the Participant's employment or service on the last day of the current pay period; and, this Section 13.2(d) will not apply to the Participant for 12 months after the termination date. The appointment may not begin during the 180-day period after the (6) Participant's retirement under the Plan, unless (A) the District certifies the nature of the employment or service and that the appointment is necessary to fill a critically needed position before 180 days has passed, (B) the District Board approves the appointment at a public meeting (the appointment may not be placed on a consent calendar), and (C) the Participant did not receive a retirement incentive at retirement. (e)
Felony Convictions.
(1) If a current or former Participant is convicted on or after January 1, 2013, of a felony, whether in state or federal court, then effective on the conviction date: the Participant will forfeit all rights and benefits accrued under the Plan from the
2 4840992.8
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date the Participant first committed the felony, and the Participant will not accrue further benefits under the Plan. (2) Unless otherwise ordered by a court or determined by the Retirement Board, any contributions made to the Plan by the Participant on or after the date he or she first committed the Felony will be returned, without interest, to the Participant upon the earliest of the Participant's death, separation from District employment, or Retirement. (3) "Felony" for purposes ofthis Section 13.2(e) means any felony under state or federal law for conduct arising out of the Participant's official duties as a public employee, in pursuit of his or her appointment or election as a public employee, or in connection with obtaining salary, disability retirement, service retirement or other benefits associated with his or her public employment. (4) This Section 13.2(e) will be Interpreted and administered in accordance with the requirements of sections 7522.72 and 7522.74 of the California Government Code, including, but not limited to, any applicable rules governing notice and reversal of conviction, which requirements are herein incorporated by this reference. 13.3 Provisions Applicable to New Participants. Except as otherwise specified below, this Section 13.3 is effective for only the following Participants on these dates: January 1, 2013, for each Represented Employee who first becomes a Participant on or after January 1, 2013; and, July 1, 2012, for each Non-Represented Employee who first becomes a Participant on or after July 1, 2012. (a) Definition of Compensation. For purposes of determining the Participant's Benefit, "Compensation" means the normal monthly rate of pay or base pay of the Participant paid by the District in cash to similarly situated Employees ofthe same group or class of employment for services rendered on a full-time basis during normal working hours, pursuant to publicly available pay schedules. Deferred amounts will be included in Compensation when earned rather than when paid. The following amounts are excluded from Compensation: (1) Any amount that the Board determines has been paid to increase the Participant's Benefit. (2) Any amount that is (A) paid in kind to the Participant, or was paid directly to a third-party (other than the Plan) for the Participant's benefit, and (B) subsequently converted to and received by the Participant in cash. (3)
Any one-time or ad hoc payments to the Participant.
(4) Severance or any other payment that is granted or awarded to the Participant in connection with, or in anticipation of, a separation from employment, but is received by the Participant while employed. (5) Any payments for unused vacation, annual leave, personal leave, sick leave, or compensatory time off, however denominated.
3 4840992.8
77
(6) Any payments for additional services rendered outside of normal working hours. (7) Any employer-provided allowance, reimbursement, or payment, including, but not limited to, one made for housing, vehicle, or uniforms. {8) Compensation for overtime work, other than as defined in Section 207(k) ofTitle 29 of the United States Code. (9)
District contributions to deferred compensation or defined contribution
{10)
Any bonus paid in addition to the amounts described in Section 13.3(a).
plans.
(11) Any other form of compensation that the Board determines is inconsistent with the requirements of Section 13.3(a). (12) Any other form of compensation that the Board determines should not be included in Compensation. (13) For each calendar year, any amount in excess of $113,700, the contribution and benefit base specified in section 430(b) ofTitle 42 of the United States Code on January 1, 2013. The Board will adjust the annual Compensation limit described in the preceding sentence after each annual actuarial valuation of the Plan based on changes to the Consumer Price Index for All Urban Consumers. The adjustment will be effective on the January 1 following each such annual valuation. (b) Definition of Monthly Average Earnings. For purposes of determining the Participant's Benefit, "Monthly Average Earnings" means the highest average annual Compensation earned by the Participant during a period of at least 60 consecutive months (36 consecutive months, in the case of an Eligible Age Employee) immediately preceding his or her Retirement, or during any other period of at least 60 consecutive months (36 consecutive months, in the case of an Eligible Age Employee) during the Participant's applicable service that the Participant designates on the application for retirement. (c)
Participant Contributions.
(1) For a Participant who is a Non-Represented Employee, this Section 13.3(c) is effective January 1, 2013. For a Participant who is a Represented Employee, this Section 13.3(c) is effective on the later of (i) January 1, 2013, or (ii) the date on which the CBA between the District and the Participant's Union, as in effect on January 1, 2013, expires or, if earlier, the renewal, amendment, or other extension of that CBA. (2) Each Participant must contribute part of his or her Compensation to the Plan. The initial contribution rate will equal 50% of the normal cost rate, rounded to the nearest quarter of 1%. The District may not pay any portion of this contribution for any Participant. The Participant contribution rate will be expressed as a percentage of Compensation.
4 4840992.8
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(3) Once established, the Participant contribution rate will be adjusted to reflect a change in the normal cost rate, but only if the normal cost rate increases by more than 1% of payroll above or below the normal cost rate in effect on the later of: (i) the date the Participant contribution rate is first established, or (ii) the date of the last adjustment to the Participant contribution rate under this paragraph. (4) The Participant contribution rate may be more than 50% of the normal cost rate, but only if the requirements of section 7522.30{e) of the Government Code are satisfied. (5) For purposes of this Section 13.3(c), "normal cost rate" means the total annual actuarially determined normal cost under the entire Plan of Benefits for Participants covered by the Service Retirement Benefit formula under Section 13.3(d), as determined by the Plan's actuary in accordance with the Board's funding policy. {6) All Participant contributions will be collected by deducting the amounts thereoffrom the Compensation due to the Participant from the District. Participant contributions will not be deducted from any amount due to a Participant for any calendar year in excess of the limit described in Section 13.3(a)(13). (7) An individual account will be established for each Participant in order to record the Participant's contributions to the Plan. The account balance will be credited with interest based on the monthly average yield on 13-week (fixed maturity) Treasury bills. If a Participant's District employment terminates before the Participant is Vested, the Participant's entire account balance will be distributed in lump sum as a refund to the Participant as soon as administratively practicable. A Deferred Vested Participant may at any time elect to receive dis~ribution of his or her entire account balance in lump sum, upon which the Deferred Vested Participant's participation in the Plan will cease and he or she will no longer be entitled to any Benefit. Upon Retirement, a Participant will not be entitled to a refund of any part of the Participant's account. This Section 13.3(c)(7) will be subject to negotiations or further District Board action (as appropriate) addressing various topics, including but not limited to the terms and conditions applicable to a Participant who resumes participation in the Plan after receiving a refund or his or her account balance. (d)
Service Retirement Allowance.
(1) Each Participant who has (A) completed at least five complete Years of Service, (B) reached at least age 52, (C) terminated service as an Employee, and (D) completed and submitted an application for benefits, at the time and manner determined by the Board, may retire for service and receive a Service Retirement Benefit. (2) The Service Retirement Benefit payable to a Participant upon meeting the requirements in Section 13.3(d)(1) will equal the percentage of the Participant's Monthly Average Earnings, as determined in accordance with the following schedule based on the Participant's age at retirement, taken to the preceding quarter year, multiplied by the Participant's Years of Service.
5 4840992.8
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Ae.e at Retirement 52
Percentage 1.000% 1.025% 1.050% 1.075% 1.100% 1.125% 1.150% 1.175% 1.200% 1.225% 1.250% 1.275% 1.300% 1.325% 1.350% 1.375% 1.400% 1.425% 1.450% 1.475% 1.500% 1.525% 1.550% 1.575% 1.600% 1.625% 1.650% 1.675% 1.700% 1.725% 1.750% 1.775% 1.800% 1.825% 1.850% 1.875% 1.900% 1.925% 1.950% 1.975% 2.000% 2.025% 2.050% 2.075%
52~
52Y, 52% 53 53~
53Y, 53% 54 54~
54Y, 54% 55 55~
55Y, 55% 56 56~
56Y, 56% 57 57~
57Y, 57% 58 58~
58Y, 58% 59 59~
59Y, 59% 60 60~
60Y, 60% 61 61~
61Y, 61% 62 62~
62Yz 62% 6
4840992.8
80
Age at Retirement
Percentage
63
2.100%
63U 63Y,
2.125% 2.150%
63%
2.175% 2.200%
64 64U 64Y,
2.225% 2.250%
64%
2.275% 2.300%
65 65U 65Y,
13.4
2.325% 2.350%
65%
2.375%
66 66U 66Y,
2.400% 2.425%
66%
2.450% 2.475%
67
2.500%
Funding.
(a) In any Plan Year beginning on or after January 1, 2013, the District's contribution to the Plan, in combination with Participant contributions to the Plan, may not be less than the actuarially determined normal cost of Benefits for all Parti~ipants under the entire Plan for the Plan Year. (b)
The Board may suspend contributions only when all of the following occur:
(1) The Plan Is funded by more than 120%, based on the computation by the Plan's actuary in accordance with the Governmental Accounting Standards Board requirements that is included in the annual valuation. (2) The Plan's actuary determines, based on the annual valuation, that continuing to accrue excess earnings could result in disqualification of the Plan's tax exempt status under the Code. (3) The Board determines that the receipt of any additional contributions required by this section would conflict with its fiduciary responsibility set forth in Section 17 of Article XVI of the California Constitution. IN WITNESS WHEREOF, the Plan is hereby amended as set forth above on this 27th day of February, 2013.
7 484091l2.8
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CONTRA
COSTA
transportation authority COMM~SIONERS
November 16, 2012
Don Tatzin, Chair
David J. Armijo, General Manager Janet Abelson, Vice Chair
Genoveva Calloway
AC Transit 1600 Franklin Street Oakland, CA 94612
David Durant
Jill Frazier
Subject: Appointment of Ex-Officio Alternate Representative for the February 1, 2013 through
Federal Glover
January 31, 2014 Period
Dave Hudson
Dear Mr. Armijo:
Karen Milchoff Julie Pierce Karen Stepper
As you are aware, our Board is comprised of eleven appointed commissioners and their alternates, and three ex-officio representative positions consisting of one representative each from MTC, BART, and the Bus Transit Districts. The Bus Transit Districts rotate appointments
Robert Taylor
among the operators, and it is AC Transit's turn to appoint the Transit Operator's ex-officio alternate representative to the Authority Board per the enclosed Resolution No. 91-11-A,
Rood ell H. Iwasaki, ExecuUve Director
Revision 2, for the term from February 1, 2013 through January 31, 2014. Please notify the Authority in writing of AC Transit's appointment. Feel free to contact me at (925) 256-4724 should you have any questions. Sincerely,
Randell H. Iwasaki Executive Director
2999 Oak Ro8d Suite 100 walnut Creek
cc: Ex-Officio Representative File Chron File
CA 94597 PHONE: 925.256.4700
FAX: 925.2~.4701
www.cct'e.net
H:\WPFILES\5-COMMISSIONERS\Farms\2012 Expirfng Term Letters\2012 Transit Op Aft. doc
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EXTERNAL AFFAIRS COMMITTEE
March 27, 2013 Agenda Item A-1
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.Report No: Meeting Date:
T~NS/T
13-078 March 27, 2013
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: Federal Issues The FY13 Continuing Resolution must be passed by March 27, 2013 to provide continuous Federal Government operations. Sequestration went into effect on March 1, 2013. California State Issues California's cumulative year to date tax receipts are higher than projected, further signaling economic recovery. The Governor has proposed consolidating funds into the Active Transportation Account and allocating 40% toward metropolitan planning organizations for dispersal. Staff is recommending a support position on one bill and a watch position on four new bills that have been added to the attached legislative matrix. BUDGETARY/FISCAL IMPACT: There is no budgetary or fiscal impact associated with this report.
BACKGROUND/RATIONALE: Federal Legislation Update 1) FY 13 Appropriations: Continuing Resolution The House of Representatives has passed a continuing resolution to fund the Federal Government for the remainder of this fiscal year. The funding levels in the bill are $117 million less for transit than was planned in the MAP-21 legislation. The legislation must be passed in the House and Senate by March 27, 2013 to avoid a government shutdown.
87
Report No. 13-078 Page 2 of 3 2) Sequestration The Budget Control Act of 2011 went into effect on March 1, 2013 resulting in sequestration cuts to domestic discretionary spending and defense spending totaling about $85 billion in FY 13. These cuts will result in decreases to Federal Transit Administration spending. FTA staff face mandatory furlough days. State Legislation Update
1) State tax receipts are up California's tax receipts are higher than projected by $4.5 billion for the current fiscal year. Although personal incomes taxes are down, sales tax revenues are up which may signal more economic recovery for the state. 2) Proposed Active Transportation Account The Governor has proposed to create an Active Transportation Account by combining the resources of the Bicycle Transportation Account, Safe Routes to Schools, The Environmental Enhancement and Mitigation Account, Transportation Alternative Programs and Recreational Trails Program. If the fund is approved, the allocation amounts are 50% awarded to competitive statewide projects, 40% to metropolitan planning organizations, and 10% to small urban and rural regions. 3) Legislative Matrix Four new bills and recommended positions are offered in the legislative matrix (Attachment 3). A position of support is recommended for AB 730 (Alejo-D) to allow Monterey-Salinas Transit to issue up to $50 million in revenue bonds with two-thirds approval of its board only. A position of support is recommended for AB 1002 (Bloom-D), which imposes a $6 vehicle registration fee, if it is amended to specify a 40% allocation between transportation commissions and operators. Watch positions are recommended on two bills. AB 431 (Mullin-D) is a sales tax measure and the expenditure plan is still being developed. AB 1290 (Perez-D) proposes significant changes to the responsibilities of the California Transportation Commission including the addition of five additional members and the requirement of additional updates regarding progress made toward implementing sustainable communities strategy and more detailed information is being developed. Refer to Attachment 3 for the legislative matrix from Platinum Advisors. The matrix lists bills with recommended 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.
88
Report No. 13-078 Page 3 of 3
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
ATIACHMENTS: 1: Federal Legislative Report from Van Scoyoc Associates 2: State legislative Report from Platinum Advisors 3: State Bill Matrix from Platinum Advisors 4: FY 2013 Federal Advocacy Program 5: FY 2013 State Advocacy Program
Department Head Approval: Prepared by:
Dennis Butler, Chief Planning & Development Officer Beverly Greene, Director of legislative Affairs & Community Relations
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SR: 13-078 Attachment 1
VANSCOYOC ASSOCIATES
Transportation Update March II, 2013
Steven 0. Palmer, Vice President Jacqueline Schmitz, Director
Last Week
White Honse President's FY 2014 Budget. Last week, the White House said that the President's proposed FY 2014 budget will not be sent to the Congress until Monday, April 8, two months after the required transmittal date.
FY 2013 Appropriations: Continuing Resolution. On Wednesday, March 6, the House passed H.R. 933, a continuing resolution to fund the federal government for the remaining six months of fiscal year 2013. The bill's surface transportation funding levels are lower than what was called for in MAP-21, by a total of$555 million for highways and $117 million for transit. The Senate is expected to consider its own version of the CR this week. The House and Senate have until March 27th to complete work on the legislation to avoid a government shutdown.
Senate Water Resources Development Act, Senate Environment and Public Works Committee Chairman Barbara Boxer announced plans to proceed with a new Water Resources Development Act (WRDA) bill in the next several weeks, citing March 20th as a possible date for a markup. On the House side, Water Resources Subcommittee Chairman Bob Gibbs is targeting late spring or early summer for the release of the House companion bill.
Department of Transportation Sequestration: FAA Furloughs. In order to achieve the over $600 million in savings called for by the sequestration, the Federal Aviation Administration (FAA) issued a notice of potential furloughs to employees. Employees face up to II furlough days, beginning in early April and running through the end of September. Sequestration: ATC Tower Closures. The FAA also announced a list of air traffic control towers that could be closed as a result of budget sequestration. The FAA has established a process for the possible closure of up to 173 towers at small and medium-sized airports currently being operated by private sector companies operating under contract with the FAA. Selected airports will close on April 7.
91
2 Transit Emergency Relief. FTA and the Federal Emergency Management Agency (FEMA) signed a Memorandum of Agreement (MOA) to delineate the roles and responsibilities of both agencies in providing federal assistance to repair and restore public transportation systems in the event of a disaster or emergency. The MOA, which was mandated under MAP-21, is a key requirement that must be in place before the majority of the FTA's disaster relief funds for Hurricane Sandy can be released.
This Week FY 2014 Budget Resolution. This week, the chairs of the House and Senate Budget Committees are expected to release their respective versions of the FY 2014 Budget Resolution, which establishes the overall spending and tax framework for the fiscal year. •
•
House Markup: On Tuesday, March 12, House Budget Chairman Paul Ryan (R-WI) will release his proposed FY 2014 Budget Resolution, to be followed by the House Budget Committee markup on Wednesday. The Ryan budget is expected offer a path to balance in ten years and include a full repeal of Obamacare as well as a Medicare premium support plan. Senate Markup: On Wednesday, Senate Budget Committee Chairman Patty Murray (DWA) will release her version of the FY 2014 Budget Resolution, which is expected to include significant tax increases on top of the $620 billion tax increase in the fiscal cliff legislation. The Senate Budget Committee will start debate on Chairman Murray's bill Wednesday, with a goal of Committee approval on Thursday.
Hearing: MAP-21 Implementation. On Thursday, March 14th, the House Committee on Transportation and Infrastructure's Subcommittee on Highways and Transit will hold a hearing on MAP-21 implementation. Testifying will be the administrators from four DOT modal administrations: Victor Mendez, Federal Highway Administration; Peter Rogoff, Federal Transit Administration; Anne Ferro, Federal Motor Carrier Safety Administration; and David Strickland, National Highway Traffic Safety Administration. Hearing: TSA/Risk Based Security. On Thursday, March 14, the House Committee on Homeland Security will hold a hearing examining the Transportation Security Administration's efforts to advance risk-based security. TSA Administrator John Pistole will testify.
FY 2013 Appropriations: Continuing Resolution. As noted above, the Senate is expected to take up a bill to fund DOT for the remainder of FY 2013 at the reduced post-sequestration levels. Senate Appropriations Committee Chairman Barbara Mikulski is expected to make her draft bill public later today. ###
92
SR: 13-078 Attachment 2
March 14, 2013 TO:
Director Greg Harper, President, and Members ofthe Board David J. Armijo, General Manager Beverly Greene, Director, Community Relations & Legislative Affairs
FR:
Steve Wallauch Platinum Advisors
RE:
Legislative Update 5
Horizon: The Legislature is scheduled to start its Spring Break on March 21 t, and they will return on Aprill5t. The activity level will crank-up in April when policy committees and budget subcommittees begin slogging through ever growing agendas. The first policy committee deadline is May 3rd, which is when all bills with fiscal impacts must be moved to the Appropriations Committee. February Numbers: With the huge bump in January revenue, the good news continues for February. Overall tax receipts for the fiscal year-to-date remain $4.5 billion over projections according to the State Controller's February revenue report. Personal income tax receipts were down slightly by about $441 million, which was due to tax refund checks being sent in February instead of January. Sales tax revenue was up by $363 million and the biggest surprise was corporate income tax receipts which had been on a long, slow, decline, jumping above projections by $26 million. The Controller's report includes a brief analysis of the corporate tax numbers and shares a few theories on its decline. The first is the growing "inventory" of Net Operating Loss (NOL) that can be carried forward . In 2007, the amount of NOL carry forward totaled $310 billion, and it has grown to almost $700 billion today. This NOL can be deducted from future tax liabilities. Other theories expressed in the report point to the lingering effect of the single sales tax factor, which was repealed by Prop 39, and the simple assumption that declining corporate income tax revenue are just another cyclical sign of the times.
1
93
Supermajority Update: This week two special elections were held to feel vacancies in the Senate. Assemblyman Ben Hueso won the 40th Senate district seat which was vacated when Senator Juan Vargas was elected to Congress. A runoff election was avoided when Hueso received over 50% of the votes cast. His win restores the supermajority in the Senate. There was also a special election for the 32"d Senate District seat, which was vacated when Senator Gloria Negrete Mcleod was elected to Congress. In this race Assemblywoman Norma Torres, who received 43.6% of the votes, will face a runoff election against Paul Leon, who received 26.4% of the votes, on May 14. Even with Hueso moving to the Senate, the Assembly supermajority remains intact for a couple months. Assemblyman Bob Blumenfield recently won a seat on the LA City Council, and he will be stepping down this summer to take that seat. Assemblywoman Torres is favored to win the Senate seat in May, so another vacancy will appear. However, with this domino affect it is only a matter of time before the supermajority returns to the Assembly.
New EQ Chair: Senate Pro Tern Steinberg announced at the end of last week that Senator Jerry Hill, from San Mateo County will be replacing Senator Mike Rubio as the chair of the Senate Committee on Environmental Quality. The Committee is expected to address CEQA issues this year which is a priority for both Steinberg and the Governor. LAO's take on Cap & Trade Budget: The Legislative Analyst's Office (LAO) released its review of the Governor's budget proposal for Cap & Trade auction revenue. The Governor's budget substantially lowers the projected income from the auction from $1 billion to $200 million in 2012-13, and assumes only $400 million in 2013-14. The LAO still believes that those estimates are optimistic. The second auction resulted in the price per unit increasing to $13.62 from the November price of $10 per ton. This increase is a positive sign, but it remains uncertain if this climb is sufficient to meet the Governor's revenue estimates. The LAO also expresses concerns about the Governor's proposed use of these revenues. In the current fiscal year, the Governor plans to use $200 million in cap & trade revenue to reimburse general fund expenses associated with reducing greenhouse gas emissions, and the Governor plans to use $300 million to offset general fund expenses in 2013-14. While the Governor identified the programs to be reimbursed in the current fiscal year, the state programs that will receive the $300 million in 2013-14 have not been identified. While the LAO supports the use of cap & trade revenue to offset general fund costs, the LAO expresses concerns whether the general fund reimbursements will meet the legal nexus for the use of the auction revenue. The LAO specifically questions the use of $39 million in auction revenue for activities at the Department of Housing & Community Development.
Active Transportation Account: The Governor's budget proposes to consolidate into the Active Transportation Account the funds from the Bicycle Transportation Account, Safe Routes to School, the Environmental Enhancement & Mitigation Account (EEMP), as well as federal Transportation Alternative Program funds and federal Recreational Trails Program funds. 2
94
At both the Assembly and Senate Budget Subcommittee hearings this past week it became clear that this proposal is under attack by the advocacy groups supporting the individual funding programs. Safe Routes to School supporters are pushing to keep this program intact as a subaccount of the Active Transportation Account. In addition, a wide range of environmental advocates urged the Subcommittees to reject the consolidation of the EEMP funds. They point out that the EEMP is one of the few funding programs for urban forestry, recreational trails, and other mitigation projects. These concerns are being heard by the members. Senate Sub 2 Chairman, Jim Beal, and his colleague, Senator Jackson, agreed with the need for Safe Routes to School funding and asked that the concept oft he Active Transportation Account be revisited. The draft proposal directs the CTC to develop guidelines and project selection criteria for these funds. The CTC is directed to work with various state agencies as well as metropolitan planning organizations and regional transportation agencies. The funds deposited into the Active Transportation Account would be divided as follows: 40% to metropolitan planning organizations, 10% to small urban and rural regions, SO% to projects competitively awarded by the state on a statewide basis.
Strategic Growth Council: While the Strategic Growth Council (SGC) remains fairly obscure to many, the importance of the SGC is growing. The SGC was created in statute in an effort to coordinate the activities of state agencies and departments in pursuing greenhouse gas reduction goals. The SGC is comprised of the agency secretaries from BT&H, Resources, Health & Human Services, Cal EPA, and OPR, as well as one public member. The actions ofthe SGC will greatly influence the Administration's position on legislation and policy goals. At its last meeting the SGC authorized staff to spend up to $50,000 on a report examining the barriers to infill development. These include identifying conflicting policies and outdated rules that inhibit infill development, addressing the infrastructure needs to implement SB 375, and providing access to infill financing mechanisms. The findings of this report will influence the Administration's position on bills such as SB 1 and SB 33. The report will also review policies and investments to improve schools in infill areas. In addition, the SGC received an update on efforts to develop "self-review" criteria for departments and agencies that would guide their decisions on infrastructure investments in a manner that is consistent with state priorities. This process will leverage the planning efforts underway for the five-year infrastructure plan, which will be released soon by the Governor, and the Transportation Agency's workgroup on transportation funding needs. As referenced in the Governor's Budget Summary, the Transportation Agency will be forming a working group to examine transportation funding needs and priorities, and how to address these needs at the state and local level.
3
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SR: 13-078 Attachment 3
March 14, 2013 Table 1: Board Action Items NEW ITEMS Bills
Status
Subject
AB 431 is sponsored by the Nonprofit Housing ~SSEMBLY RLS. Association of Northern California. This bill would (Mullin D) Regional establish a process for a transportation planning ransportation agency to place a sales tax measure covering all or plan: sustainable a portion of its planning area. The expenditure plan must allocate 25% of the funds to each of the communities allowing: transportation, affordable housing and parks & recreation.
~8431
~B
AC Transit Position Recommended Position : Watch
431 is not a spot bill, but there are many
missing pieces to this proposal, and it is unclear how the expenditure plan would be developed, or how this proposal would interfere with existing efforts at the county level to impose a new or extend an existing transportation sales tax. ~B 730
~B 730 would allow the Monterey-Salinas Transit ~SSEMBLY TRANS
(Alejo D) MontereySalinas Transit District.
District to issue up to $50 million in revenue bonds with a 2/3 vote of its board, in stead of the required public vote on the question to issue bonds. The bill would also allow the District to pledge any revenues to pay those bond s.
ll\B 1002 (Bloom D) Vehicles: registration fee: sustainable communities strategies.
~B
1002 was recently amended to include an ASSEMBLY TRANS ((outline" for a proposal to impose a $6 fee to the registration of each vehicle. The revenue would be deposited into the Sustainable Communities Subaccount, which the bill creates, and the proceeds would be distributed as follows:
•
Recommended Position: Support
Recommended Position : Support if ~mended
50% appropriated to cities and counties on a per capita basis for planning and implementation of sustainable communities strategies. 1
97
~B 1290
(John A. Perez
D) Transportation planning.
•
40% appropriated to transportation commissions and transit operators to support transit operations and expand reduced fare programs. The bill does not specify how the funds would be allocated.
•
10% appropriated to MPOs and RTPAs to be used for competitive grants for implementing sustainable communities strategy programs.
AB 1290 would make significant changes to the oversight responsibilities of the California Transportation Commission.
~SSEMBLY TRANS
~C Transit - Watch
The bill also expands the number of Commissioners from 13 to 18 members. Appointments made by the Senate and Assembly would increase from one to two each. However, one of the appointees made by the Senate and one by the Assembly would be a voting member. The other would be a nonvoting ex-officio member. The bill would also specify that the Secretary of Transportation, the Chairperson of CARB, and the Director of HCD would also be exofficio members of the CTC. he bill also directs the CTC to include in its guidelines for regional transportation plans an assessment of alternative land use scenarios and ransportation system alternatives used in adoption of the regional transportation plan and ~he sustainable communities strategy. The guidelines would require annual updates from the ransportation planning agencies describing progress made toward implementing the sustainable communities strategy. A summary of ,hese assessments would be included in the CTC's 1 annual report.
2
98
Board Action Positions Bills
MJl (Perea D) Alternative fuel and vehicle echnologies: funding programs.
. Subject
Status
~B 8 is the reintroduction of SB 1455 which died ~SSEMBLY TRANS. ""hen time ran out on the last day of session. This bill would extend the sunset dates for various clean air and alternative fuel vehicle funding programs.
Specifically this bill proposes to extend the oil owing fee programs to December 31, 2023: • AB 118 --Authorizes a vehicle registration fee to fund the Alternative and Renewable Fuel and Vehicle Technology Program. • AB 923 --Increased the vehicle registration fee for vehicles registered in specified areas in the state and increased the Tire Recycling Fee to fund air emissions reduction activities. • The Carl Moyer Memorial Air Quality Standards Attainment (Carl Moyer) Program, which can be used to fund the incremental cost of cleaner-than-required vehicles, engines, and equipment frhe bill also includes provisions prohibiting CARB
(Steinberg D) Sustainable Communities Investment
SB 1 was approved by the Senate Committee on Governance & Finance. This bill would create a new form of tax increment financing that would allow local governments to create a Sustainable Communities Investment Authority to finance
SENATE T. & H.
Client - Position ~C Transit- Support
~C Transit- Support
AC Transit- Support
3
99
Authority.
specified activities within a sustainable communities investment area.
SB 11 (Pavley D)
58 11 also reintroduces SB 1455 from last session. SENATE RLS. Like AB 8, this bill extends the following fee programs to December 31, 2023:
~lternative fuel and vehicle echnologies: funding programs.
• •
•
~C Transit- Support
AB 118 --Authorizes a vehicle registration fee to fund the Alternative and Renewable Fuel and Vehicle Technology Program. AB 923 -- Increased the vehicle registration fee for vehicles registered in specified areas in the state and increased the Tire Recycling Fee to fund air emissions reduction activities. The Carl Moyer Memorial Air Quality Standards Attainment (Carl Moyer) Program, which can be used to fund the incremental cost of cleaner-than-required vehicles, engines, and equipment
he bill also includes provisions prohibiting CARB rom moving forward with the Clean Fuel Outlet regulations and to instead use AB 118 funds for he construction and operation of a hydrogen ueling network in California. ~ (Liu D)
~CA 4 would amend the Constitution to lower the ~ENATE G. & F. voter approval threshold to 55% for the imposition, extension, or renewal of a local tax for ransportation projects.
Local government ransportation projects: special SCA 4 is one of several Constitutional amendments introduced aimed at lowering the axes: voter voter threshold to enact local taxes for specific approval. purposes. SCA 8 is another measure that would amend the ~ENATE G. & F. ~ (Corbett D) Constitution to lower the voter approval 'rransportation hreshold to 55% for the imposition, extension, or projects: special renewal of a local tax for transportation projects. axes: voter Senator Corbett has also introduced SCA 9, which approval. would allow for a sales tax to be imposed with a 55% voter approval if the funding is used for local community and economic development projects. SCA 11 is an "umbrella measure" on lowering the SCAll voter threshold from 2/3 to 55% for local sales (Hancock D)
AC Transit - Support
~C Transit -Support
4
100
Local government: special taxes: voter approval.
axes and parcel taxes. This measure would lower he vote threshold for any purpose.
Board Watch Positions Bills AB 160 {Alejo D) California Public Employees' Pension Reform Act of 2013: exceptions.
Subject
Status
AB 160 would exempt from the California Public Employees' Pension Reform Act (AB 340), pecified employees whose retirement plans are authorized under federal law, and retirement plans for public employees whose collective bargaining rights are protected by specified ederallaws.
ASSEMBLY P.E.,R. &
Client - Position AC Transit- Watch
s.s.
AB 160 remains in the Assembly Public Employee Retirement Committee, where it will likely stay as long as possible in order to provide time for state and federal Labor Departments discuss whether ~B 340 interferes with federally protected collective bargaining rights. The deadline for the Committee to act on AB 160 is May 3'd. If it is moved out of committee, AB 160 may be amended to contain neutral intent language.
AB 179 (Bocanegra D) Public transit: electronic ransit fare collection systems: disclosure of personal information. ~
(Beall D) Public employees' retirement benefits.
~
(Wolk D) Infrastructure financing districts: voter approval:
AB 179 would extend the same restriction on the ~SSEMBLY TRANS. use and storage of information gathered by using an electronic toll collection system to also cover ~he use of electronic transit fare collection systems. In addition, this bill would require any personal information to be discarded after six months. Currently, law allows personal information associated with an electronic toll collection system to be held for no more than 4 Y, f,!ears. f5B 13 contains various non-controversial and ~ENATE APPR. ~echnical clean-up changes to the Public Employees' Pension Reform Act (AB 340). ~dditional changes will likely be added as this bill moves forward. f5B 33 is the reintroduction of SB 214 from last session. SB 214 along with SB 1156 and AB 2144 ~ere all vetoed by the Governor.
SENATE APPR.
AC Transit - Watch
f'-.C Transit- Watch
~C Transit -Watch
While SB 1 makes changes based on existing redevelop law, SB 33 would create a new tax 5
101
repeal.
increment financing structure based on Infrastructure Financing District (IFD) law.
~B 33 would eliminate the vote requirement to create an IFD and expands the type of projects an IFD may fund. SB 142 ~B 142 would repeal existing law that authorizes SENATE G. & F. (DeSaulnier D) ~ran sit districts and municipal transit systems to Public transit. issue bonds that would be repaid by creating a special benefit assessment district.
~C Transit - Watch
~enator DeSaulnier intends to make significant changes to this section of law because it is believed that no transit district or system has created a benefit assessment district.
6
102
SR: 13-078 Attachment 4
2013 Federal Advocacy Program Funding •
FY 2012 Grant Opportunities- Secure federal funds for key capital projects and support funding for 2013 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 age l l 103
•
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
12 104
SR : 13-078 Attachment 5
2013 State Advocacy Program Funding
•
Support efforts to implement the Moving Ahead for Progress in the 21st Century Act (MAP-21) that at least maintains funding 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 for global warming initiatives, clean air and clean fuels and that support implementation of AC Transit's Climate Action Plan.
•
Seek funding for East Bay Bus Rapid Transit.
•
Support congestion pricing strategies and legislation that provide an equitable multimodal distribution of generated revenues .
•
Support legislative or administrative action to remove State barriers so that Medicaid transportation funds can be used for public transit services, including ADA paratransit services.
•
Support funding and coordination between Health and Human Service (HHS) agencies and other transportation agencies to provide services to HHS clients.
P agell 105
•
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.
Page 12 106
•
Foster transit supportive land use initiatives that require coordination with transit providers in the initial stages of local planning or project development that impacts transit, including density level decisions or transit oriented developments (TODs); and advocate for the required use of: o Transit streets agreements, and o Complete streets plans in which local transportation plans anticipate use of all modes.
•
Support legislation that requires reporting of Vehicle Miles Traveled (VMT) annually through DMV renewal.
Policy Interests •
Support simple majority vote for local transportation ballot tax initiatives.
•
Support legislation to allow District to ban persons for specified offenses from entering district property.
•
Seek revisions to the Metropolitan Planning Organization (MPO) grandfather clause that supports direct representation of transit properties on local transportation policy boards.
•
Redefine agency as Rapid Transit District.
•
Support legislation for STA formula reform that includes federal operating funding as eligible revenue.
•
Support efforts that maintain existing Workers' Compensation regulation.
Page
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108
FINANCE AND AUDIT COMMITTEE
March 27, 2013 Agenda Items B-1 – B-8
109
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110
Report No: Meeting Date:
13-079 March 27, 2013
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 January 2013. EXECUTIVE SUMMARY: As of January 31, 2013, the District had the following investments: Repurchase Agreement (REPO) Money Market Account Money Market Funds Money Market Account
$25 million (Collateralized 102%) $62.57 million (Collateralized 110%) $2.91 million (Advntg. Heritage/Prime & Cash Investment) $1.75 million (small banks; all FDIC insured)
The District has no investments in gun manufacturers. BUDGETARY/FISCALIMPACT: There are no budgetary or fiscal impacts associated with this report.
BACKGROUND/RATIONALE: In compliance with Section 15.0 of Board Policy 336, Investment Policy, the Monthly Investments Report for January is forwarded to the Board of Directors for review. The portfolio contained in the Monthly Report on Investments for January 2013 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 an ultraconservative investment approach. Daily roll-over of REPO and collaterized money market accounts is done with preservation of principal foremost in mind . ADVANTAGES/DISADVANTAGES: This report does not recommend a course of action with notable advantages or disadvantages.
111
Report No. 13-079 Page 2 of 2
ALTERNATIVE ACTIONS: This report is being provided to inform the Board of activities of the Treasury Department.
PRIOR RELEVANT BOARD ACTIONS/POLICIES: Board Policy 336, Investment Policy
ATTACHMENTS 1:
Monthly Report on Investments on January 2013
Department Head Approval:
Lewis G. Clinton, Jr., Chief Financial Officer
Prepared by:
Beverly Abad-Fitzgerald, Treasury Administrator
112
113
ALAMEDA - CONTRA COSTA TRANSIT DISTRICT MONTHLY REPORT ON INVESTMENTS FOR THE GENERAL FUND JANUARY 31, 2013
V'>
;;c
..... w
6 .....
~ ~
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.....
ALAMEDA - CONTRA COSTA TRANSIT DISTRICT MONTHLY REPORT ON INVESTMENTS
Table of Contents
1
Investment Overview
2
Return on Investments
3
Detail of Portfolio
4
Repurchase Agreements
5
Government Securities (General Fund)
6
114
Investment Summary
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT INVESTMENT OVERVIEW FOR THE GENERAL FUND & BUS PROCUREMENT/OTHER FUND JANUARY 31,2013
YTD
2013
2012 DESCRIPTION
AUG
JUL
SEP
OCT
DEC
NOV
JAN
FEB
MAR
APR
MAY
JUN
AVERAGE
!;:URRENT MONTH AVERAGE INTEREST RATES
Repurchase Agreements (current month) Money Market Accounts (current month) Govt Securities held at month end Treasury Bills (purchased in current month) Discount Notes (purchased in current month) Agency Bonds (purchased in current month)
0.130% 0.070%
0.120% 0.070%
0.145% 0.070%
0.152% 0.070%
0.148% 0.070%
0.113% 0.070%
0.045% 0.070%
0.122% 0.070%
0.072% 0.039%
0.079% 0.042%
0.088% 0.046%
0.097% 0.050%
0.106% 0.054%
0.113% 0.059%
0.112% 0.063%
0.095% 0.050%
0.160% 0.110% 0.120% 0.055%
0.150% 0.105% 0.125% 0.062%
0.130% 0.110% 0.129% 0.070%
0.170% 0.130% 0.136% 0.080%
0.170% 0.100% 0.143% 0.080%
0.120% 0.085% 0.145% 0.094%
0.170% 0.075% 0.148% 0.096%
0.153% 0.102% 0.135% 0.077%
DAYS
DAYS
DAYS
DAYS
DAYS
DAYS
DAYS
9
7
7
7
7
9
7
8
$25,000,000 $25,000,000 $25,000,000 $25,000,000 $25,000,000 $25,000,000 $25,000,000 $52,309,318 $52,314,388 $52,319,937 $67,222,960 $67,229,139 $67,235,550 $67,239,195
$25,000,000 . $60,838,641
AVERAGE INTEREST RATE
Repurchase Agreements {12-month avg)
115
Money Market Accounts (12-month avg) Govt Securities held at month end Treasury Bills (Portfolio)
Discount Notes (Portfolio) Agency Bonds (Portfolio) INVESTMENT BENCHMARKS
Current Month Daily Fed Funds Average Current Month Daily 3 Month T Bill Rate Average Monthly Avg of Daily Fed Funds (12 month avg) Monthly Avg 3 Month T Bill Rate (12 month avg) AVERAGE MATURITY OF INVESTMENTS
Repurchase Agreements Treasury Bills Discount Notes Agency Bonds
DAYS
DAYS
DAYS
DAYS
DAYS
DAYS
INVESTMENTS AT CARRYING VALUE
Repurchase Agreements Money Market Accounts Treasury Bills Discount Notes Agency Bonds
INVESTMENTS AT COST
$77,309,318 $77,314,388 $77,319,937 $92,222,960 $92,229,139 $92,235,550 $92,239,195
$0
$0
$0
$0
$0 $85,838,641
$77,309,318 $77,314,388 $77,319,937 $92,222,960 $92,229,139 $92,235,550 $92,239,195
$0
$0
$0
$0
$0 $50,072,541
Page2
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT RETURN ON INVESTMENTS FOR THE GENERAL FUND & BUS PROCUREMENT/OTHER FUND JANUARY 31, 2013 2012
RETURN ON INVESTMENTS
2013
YTO
JUL
AUG
SEP
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
TOTAL
Repurchase Agreements Money Market Accounts Treasury Bills Discount Notes Bonds Total return on investments
$2,743 2,807
$2,535 2,807
$2,993 2,717
$3,368 3,378
$3,014 3,591
$2,507 3,711
$1,139 3,721
$0 0
$0 0
$0
$0 0
$0
0
$18,299 $22,732
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
$0 $0
$5,550
$5342
$5]1_0_
$6,746
$6.605
$6,218
$4,860
$0
$0
0 0 $0
$0
$0
$41.031
Interest received
$2,903 2,647
$2,236 3,106
$2,715 2.995
$3,847 2.899
$2,778 3,827
$2,785 3,433
$1,326 3534
$0 0
$0 0
$0 0
$0 0
$18,590 $22,441
$5,550
$5 342
~_5J10_
$6,746
$6.605
_$9~21_8
$4,860
$0
$0
$0
$0
$0 0 $0
0
$0
Accrued interest Total return on investments
$41,031
PORTFOLIO INVESTED Average daily portfolio available for investment Average daily portfolio invested
$98,497,020 $32,258,065
$98,497,020 $32,258,065
32.75%
32.75%
% of average daily portfolio invested
116
FY 12113
CARRYING VALUE GENERAL FUND PORTFOLIO
Jul2012
Aug S•p
Oct Nov
D•c Jan 2013
•••
$42,603,947 $42,607,123 $42,610,779 $42,931,605 $42,935,324 $42,939,037 $42,940,095
••• Oct Nov
D•c Jan 2012
•••
M"' Apr May
M"' Apr May
Joo
Joo FY 12113
CARRYING VALUE BUS/OTHER PORTFOLIO
Jul2012
Aug
••• Oct Nov
D•c Jan 2013
•••
$35,460,813 $25,463,299 $25,464,942 $25,465,414 $40,467,036 $40,468,599 $40,837,954 $40,840,300 $40,843,075 $41,844,149 $42,597,995 $42,601,366
Jul 2011
Aug
$34,705,371 $34,707,265 $34,709,158 $49,291,355 $49,293,816 $49,296,513 $49,299,100
Jul2010
Aug S•p
Oct Nov
D•c Jan 2011
•••
Mar Apr May
Joo
$5,743,559 $5,743,605 $5,743,649 $5,743,695 $5,743,739 $5,743,817 $5,375,346 $5,375,389 $34,699,100 $32,551,967 $32,553,678 $34,703,831
Aug Sop Oct Nov
D•c Jan 2012
•••
Mar Apr May
Mar Apr May
J"n
Joo
Page 3
$25,423,957 $15,427,078 $15,429,234 $15,429,332 $45,432,936 $45,437,277 $45,442,015 $45,447,053 $45,451,256 $45,453,059 $45,456,386 $40,459,599
Jul2009
Aug
••• Oct Nov
D•c Jan 2010
•••
M"' Apr May
J"n
Jul2010
Aug S•p
Oct Nov
D•c Jan 2011
•••
Mar Apr May
Jun
$5,742,841 $5,742,990 $5,743,090 $5,743,140 $5,743,184 $5,743,245 $5,743,291 $5,743,332 $5,743,378 $5,743,423 $5,743,468 $5,743,513
$38,603,872 $29,608,637 $47,612,409 $47,111,961 $31,115,540 $26,118,775 $26,115,925 $27,518,036 $27,520,554 $27,522,185 $37,525,793 $35,422,186 FY 09110
FY 10/11
FY11/12 Jul2011
FY09/10
FY10/11
FY11/12
Jul2009 A"g
S•p
Oct Nov
0"' Jan 2010
•••
Mar Apr May
Jun
$3,130,877 $3,131,177 $3,131,362 $3,633,947 $3,634,044 $3,634,072 $3,634,100 $3,634,125 $3,634,125
$3,634,182 $3,634,210 $5,742,684
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT DETAIL OF PORTFOLIO FOR THE GENERAL FUND & BUS PROCUREMENT/OTHER FUND JANUARY 31, 2013 Purchased From
TYPE
Settlement Date
Maturity Date
Days to Maturity
Purchased Rate%
Maturity Rate%
Carrying Value
Par Value
Fair Value
MONEY MARKET ACCOUNTS Wells Fargo
0.070%
0.070%
16,189,384.79
16,189,384.79
0.010%
0.010%
25,000,000.00
25,000,000.00
25,000,000.00
0.00
0.00
0.00
Local Banks TOTAL MONEY MARKET ACCOUNTS
REPO'S
Bank of America
TREASURY BILLS:
TOTALREPO
01/29/13
02105/13
7
TOTAL TREASURY BILLS
AGENCY DISC NOTES:
TOTAL DISCOUNT NOTES AGENCY BONDS:
117 TOTAL BONDS
WOR'fFOLIO - GENERAL FUND MONEY MARKET ACCOUNT: Wells Fargo
TOTAL MONEY MARKET ACCOUNTS
Chevron !-Bond Grant
CaiEMA
Next Bus Set-aside Bus Procurement
0.00
0.00
0.00
42,940.094.79
42,940,094.79
42,940,094.79
0.010% 0.010% 0.070% 0.010% 0.070%
0.010% 0.010% 0.070% 0.010% 0.070%
441,259.10 1,832,058.39 2,149,160.77 637,029.46 44,239,592.85
441,259.10 1,832,058.39 2,149,160.77 637,029.46 44,239,592.85
441,259.10 1,832,058.39 2,149,160.77 637,029.46 44,239,592.85
0.034%
0.034%
49,299,100.5/
49,299,100.5/
49,~~~1_00.57
92,239,195.36
92,239,195.36
92,239,195.36
TREASURY BILLS: AGENCY DISC NOTES:
AGENCY BONDS:
IPOR I FOLIO- 0 I HER (Chevron/1-Bond/Next Bus/Bus Procurement)
!TOTAL PORTFOLIO COMPOSITION OF PORTFOLIO : Money Market Accounts Repurchase Agreements
GENERAL FUND
41.78% 58.22% 0.00% 0.00% 0.00% 100.00%
Treasury Bills Discount Notes Bonds
Page4
OTHER (Bus Procurement/Chevron/1-Bond, Etc.) 100.00% 0.00% 0.00% 0.00% 0.00% 100.00%
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT REPURCHASE AGREEMENTS FOR THE MONTH ENDED JANUARY 31, 2013
SETTLEMENT DATE
MATURITY DATE
DAILY ""REPO"" INVESTMENT$
CURRENT # INTEREST OF DAYS RATE
INTEREST EARNED
INTEREST RECEIVED
CASH RECEIPT
A/RACTMTY
NET ACTIVITY
AVERAGE INVESTMENT AMT. INV • #OF DAYS/ DAYS IN MONTH: 31
BANK OF AMERICA
12/27/12
12 7 7
0.0800% 0.0700%
01/22/13
01/22/13 01/29/13
$25.000,000.00 $25,000,000.00 $25,000,000.00 $25,000,000.00
01/29/13
02/05/13
$25,000,000.00
7 7
$1 00,000,000.00
7
01/08/13 01/15/13 118
TOTAL
01/08/13 01/15/13
0.0600%
291.67 388.89
500.00
25,000,000.00
-208.33
-25,000,000.00 0.00 0.00
0.0200%
340.28 97.22
388.89 340.28 97.22
25,000,000.00 25,000,000.00 25,000,000.00
0.00 0.00 0.00
0.0100%
20.83
0.00
25,000,000.00
27.78
0.00 25,000,000.00
0.0450%
$1,138.89
$1,326.39
$125,000,000.00
-$180.55
$0.00
PageS
9,677,419.35 5,645,161.29 5,645,161.29 5,645,161.29 5,645,161.29 $32,258,064.51
ALAMEDA· CONTRA COSTA TRANSIT DISTRICT GENERAL FUND GOVERNMENT SECURITIES SUMMARY FOR THE MONTH ENDED JANUARY 31, 2013 CUSIP
AGENCY
SEITLEMENT
MATURITY
DISCOUNT
PAR
DATe
DATE
RATE(%)
VALUE
NUMBER
COST
DAYS
MARKET
FAIR
RATE
CARRYING
MONTH
DURING
HELD
RATE
VALUE
(%)
VALUE
INT. EARNED
MONTH
Treasury Bills Matured:
Treasury Bills Held at Month End:
.J.. 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
Diseount Notes Matured:
Diseount Notes Held at Month End:
119 TOTAL DISCOUNT NOTES Agency Bond Matured
Aqenev Bond Held at Month End:
TOTAL BONDS
TOTAL GOVERNMENT SECURinES
l
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 d.ays
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
PageS
INVESTMENT SUMMARY FOR THE GENERAL FUND & BUS/OTHER FUND JANUARY 31, 2013
TYPE
Average Interest Rate%
MONEY MARKET ACCOUNTS REPO'S TREASURY BILLS DISCOUNT NOTES AGENCY BONDS
0.248% 0.045% 0.000% 0.000% 0.000%
120
TOTAL GENERAL FUND INVESTMENTS
TYPE MONEY MARKET ACCOUNTS REPO'S DISCOUNT NOTES AGENCY BONDS
Average Interest Rate%
Carrying Value
Par Value
Fair Value
%of Total
$17,940,094.79 $25' 000' 000.00 $0.00 $0.00 $0.00
$17,940,094.79 $25,000,000.00 $0.00 $0.00 $0.00
$17,940,094.79 $25,000,000.00 $0.00 $0.00 $0.00
41.78% 58.22% 0.00% 0.00% 0.00%
$42,940,094.79
$42,940,094.79
$42,940,094.79
100.00%
Carrying Value
Par Value
Fair Value
%of Total
0.034% 0.000% 0.000% 0.000%
$49,299,100.57 $0.00 $0.00 $0.00
$49,299,100.57 $0.00 $0.00 $0.00
$49,299,100.57 $0.00 $0.00 $0.00
100.00% 0.00% 0.00% 0.00%
TOTAL OTHER {Bus Proc./Chevron) INVESTMENTS
$49,299,100.57
$49,299,100.57
$49,299,100.57
100.00%
Page 1
Report No: Meeting Date:
13-084 March 27, 2013
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Apply for FY 2013-14 Operating Funds
ACTION ITEM RECOMMENDED ACTION(S): Consider Adoption of Resolution No. 13-020 Authorizing the General Manager, or his designee, to file and execute applications and funding agreements with the Metropolitan Transportation Commission (MTC} for FY 2013-14 allocations of Transportation Development Act (TDA), State Transit Assistance (STA), Assembly Bill1107 (AB 1107} and Regional Measure 2 (RM2} bridge toll revenues.
EXECUTIVE SUMMARY: AC Transit submits an annual claim application to the MTC for various operating funding sources - TDA, STA, AB 1107 and RM2. A Board Resolution authorizing the General Manager, or his designee, to file application for FY 2013-14 is a requirement of the MTC.
BUDGETARY/FISCAL IMPACT: Staff anticipates receiving over $114.1 million in operating revenues for F.Y 2013-14.
BACKGROUND/RATIONALE: Each year AC Transit submits an allocation request ("claim") for TDA, STA, AB 1107 (BART halfcent sales tax), and RM2 funds to the MTC.
The claim is based upon the Fund Estimate
prepared annually by MTC. The Fund Estimate is updated in conjunction with the Governor's Budget Proposal, and adjusted in accordance with the State Budget May Revise and other periodic adjustments during the fiscal year. The Passage of RM2 in March 2004 provides operating funding for Regional Express Bus Service on the San Francisco-Oakland Bay, San Mateo-Hayward, and Dumbarton Bridge corridors, Owl Service, and the Districts's line 1 Rapid Bus operations along Telegraph-International-E. 14th Street. The RM2 funding allows for expansion of AC Transit's Express Bus service in accordance with the Regional Express Bus Plan and allows AC Transit to implement Rapid Bus operations and Owl service.
121
Report No. 13-084 Page 2 of 3 Approval of Resolution 13-020, attached, would allow AC Transit to receive upto $114.1 million in operating funds for FY 2013-14. The funding details are provided in Table 1 below. Table 1: FY 2013-14 Operating Revenues Transeortation Develoement Act -Article 4 Transit Services
Alameda County
District 1
35,540,466
Alameda County
District 2
9,416,704
Contra Costa County
District 1
5,959,737
Sub-Total
$50,916,907
Transeortation Develoement Act - Article 4.5 Paratransit Services
Alameda County
2,634,171
Contra Costa County
540,356 Sub-Total
$3,174,527
State Transit Assistance
District-wide
Revenue Based
9,376,605
Alameda Paratransit
Population Based
1,066,631
Contra Costa Paratransit
Population Based Sub-Total
208,408
AB 1107 (BART ~.OS sales Tax)
Sub-Total
10,651,644 $34,500,000
TransferLPass Through
BART Transfer
STA
Transit Connectivity
STA TDA -Article 4
Union City Services
Sub-Total
2,460,000 241,000 116,699 $2,817,699
Regional Measure 2
Express Bus South
5,427,904
1 Rapid
3,000,000
Owl Service Dumbarton Service
1,333,623 2,250,641
122
Sub-Total
$12,012,168
Grand Total
$114,072,945
Report No. 13-084 Page 3 of 3 Chart 1 provides a comparison of revenues over the past three years. As shown below, STA is the only fund source that has seen a decline in the last three years. TDA, AB 1107 and RM2 have seen a steady increase. The exceptional increase in FY 2013 TDA is due to capturing the end of year true up in this year instead of next fiscal year. Chart 1: Revenue Comparison
$50,000,000 $40,000,000 • TDA
• sTA
$30,000,000
. AB 1107
$20,000,000
• RM2 Op
$10,000,000 $0 FY2012
FY 2013
FY 2014
ADVANTAGES/DISADVANTAGES: Not applying for the funds would cause the district to forgo approximately $114.1 million in operating funds for FY 2013-14. AlTERNATIVES ANALYSIS: There are no recommended alternative actions at this point. PRIOR RELEVANT BOARD ACTIONS/POLICIES: Staff Report No. 12-079 I Resolution No. 12-015, FY 2013 Claim Staff Report No. 11-065a I Resolution No. 12-065a, FY 2012 Claim ATIACHMENTS: 1: Resolution 13-020
Department Head Approval:
Tom Prescott, Chief Performance Officer
Reviewed by:
Kenneth C. Scheidig, Interim General Counsel Lewis Clinton, Chief Financial Officer Kiran Bawa, Senior Analyst, Capital Planning and Grants
Prepared by:
123
This page intentionally blank
124
SR 13-084 Attachment 1
ALAMEDA-CONTRA COSTA TRANSIT DISTRICT RESOLUTION NO. 13-020 A RESOLUTION AUTHORIZING THE GENERAL MANAGER, OR HIS DESIGNEE, TO FILE AND EXECUTE APPLICATIONS AND FUNDING AGREEMENTS WITH METROPOLITAN TRANSPORTATION COMMISSION FOR FY 2013-14 ALLOCATIONS OF TRANSPORTATION DEVELOPMENT ACT, STATE TRANSIT ASSISTANCE, ASSEMBLY BILL 1107 AND REGIONAL MEASURE 2 BRIDGE TOLL REVENUES WHEREAS, the Transportation Development Act (TDA) (Public Utilities Code Section 99200 et seq.), provides for the disbursement of funds from the Local Transportation Fund (LTF) of the Counties of Alameda and Contra Costa for use by eligible applicants for the purpose of providing public transportation services; and WHEREAS, pursuant to the provisions of TDA and the applicable rules and regulations thereunder (21 Cal. Code of Regs. Section 6600 et seq.), a prospective applicant wishing to receive an allocation from LTF shall file its claim with the Metropolitan Transportation Commission (MTC); and WHEREAS, the State Transit Assistance (STA) Fund is created pursuant to Public Utilities Code (PUC) Section 99310 et seq. and the STA Fund makes funds available pursuant to PUC Section 99313.6 for allocation to eligible applicants to support approved transit projects; and WHEREAS, TDA funds from the LTF of the Counties of Alameda and Contra Costa and STA funds will be required by the Alameda-Contra Transit District (AC Transit) in Fiscal Year 2013-14 for the purpose of providing public transportation services; and WHEREAS, PUC Section 29140, et seq. makes available 25 percent of the half-cent sales tax revenues collected in the counties of Alameda, Contra Costa, and San Francisco in accordance with Assembly Bill1107 (AB 1107) for allocation by MTC to eligible applicants; and WHEREAS, Streets and Highways Code Section 30892 makes bridge tolls available for allocation by MTC to eligible applicants; and WHEREAS, pursuant to Streets and Highways Code Section 30913 and Section 30914, eligible applicants for allocation of RM1 funds are public entities; and WHEREAS, AC Transit is in compliance with the requirements established by MTC pursuant to PUC Section 29140, et seq. and Government Code Section 66517.5; and WHEREAS, SB 916 (Chapter 715, Statutes 2004), commonly referred to as Regional Measure 2 (RM2) Bridge Toll Revenues, identified projects eligible to receive funding under the Regional Traffic Relief Plan and MTC is responsible for funding projects eligible for RM2 funds, pursuant to Streets and Highways Code Section 30914(c) and (d); and
Resolution No. 13-020
Pagel of4 125
SR 13-084 Attachment 1
WHEREAS, MTC has established a process whereby eligible transportation project sponsors may submit allocation requests for RM2 funds consistent with procedures and conditions as outlined in RM2 Policy and Procedures; and WHEREAS, AC Transit is an eligible applicant for TDA/STA funds pursuant to PUC Section 99260, et seq., for AB 1107 funds pursuant to PUC Section 29142.2, and for RM2 funds for operating assistance and capital program(s) in accordance with California Streets and Highways Code 30914(d), as attested by the Opinion of AC Transit's General Counsel attached to this Resolution as Exhibit A; and WHEREAS, AC Transit's Express Bus Project, Owl Service Project, Telegraph-International 1 - E. 14 h Street Enhanced Bus Operations Project, and Dumbarton Bus Project are eligible for consideration in the Regional Traffic Relief Plan of RM2, as identified in California Streets and Highways Code Section 30914(c) or (d); and WHEREAS, the RM2 allocation request, included in the updated Operating Assistance Proposal being submitted along with this resolution to MTC, demonstrates a fully funded operating plan that is consistent with the adopted performance measures, as applicable, for which AC Transit is requesting that MTC allocate RM2 funds; and WHEREAS, the certification by AC Transit of assurances required for the allocation of RM2 funds by MTC has been incorporated into Document J(a) of AC Transit's application for TDA Article 4 funds; NOW THEREFORE, the Board of Directors of the Alameda-Contra Costa Transit AC Transit does resolve as follows: Section 1. The General Manager, or his designee, is authorized to file and execute applications and funding agreements, and revisions, if required, together with all necessary supporting documents, with MTC for allocations of appropriate FY 2013-14 TDA, STA, AB 1107 and RM2 funds in accordance with California Streets and Highways Code 30914(d). Section 2. AC Transit and its agents shall comply with the provisions of the MTC's RM 2 Policy and Procedures (MTC Resolution No. 3636), certify that the RM2-funded projects are consistent with the Regional Transportation Plan, and approve the purposes and amounts included in the updated Operating Assistance Proposal for RM2 funding, being submitted along with this resolution to MTC. Section 3. AC Transit approves the certification of assurances required for allocation of RM2 funds that has been incorporated into the certifications for allocating TDA Article 4 funds and certifies that the projects and purposes for which RM2 funds are being requested are in compliance with the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), and with the State Environmental Impact Report Guidelines (14 California Code of Regulations Section 15000 et seq.) and, if relevant, the National Environmental Policy Act (NEPA), 42 USC Section 4-1 et seq. and the applicable regulations hereunder.
Resolution No. 13-020
Pagelo/4 126
SR 13-084 Attachment 1
There is no legal impediment to AC Transit making allocation requests for TDA, STA, AB 1107 or RM 2 funds and there is no pending or threatened litigation which might in any way adversely affect the proposed projects, or the ability of AC Transit to deliver such project. Section 4.
SectionS. AC Transit agrees to indemnify and hold harmless MTC, its Commissioners, representatives, agents, and employees from and against all claims, injury, suits, demands, liability, losses, damages, and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of AC Transit, its officers, employees or agents, or subcontractors or any of them in connection with its performance of services under this allocation of RM2 funds. In addition to any other remedy authorized by law, so much of the funding due under this allocation of RM2 funds as shall reasonably be considered necessary by MTC may be retained until disposition has been made of any claim for damages.
If AC Transit receives any revenues or profits from any non-governmental use of property (or project) it shall use those revenues or profits exclusively for the public transportation services for which the property (or project) was initially approved, either for capital improvements or maintenance and operational costs; otherwise MTC is entitled to a proportionate share of those revenues or profits equal to MTC's percentage participation in the property (or project(s)). Section 6.
Section 7. A copy of this resolution will be transmitted to MTC in conjunction with the filing of the application authorized in Section 1 and revisions to the application. MTC is requested to grant the allocations of funds as specified herein.
This resolution shall become effective immediately upon its passage by four affirmative votes ofthe Board of Directors. Section 8.
PASSED AND ADOPTED this 27
1 h
day of March 2013
Greg Harper, President Attest:
Linda A. Nemeroff, District Secretary
Resolution No. 13-0ZO
Page3of4 127
SR 13-084 Attachment 1
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 271h day of March 2013, by the following roll call vote:
AYES: NOES: ABSENT: ABSTAIN:
Linda A. Nemeroff, District Secretary
Approved as to Form and Content:
Kenneth C. Scheidig, Interim General Counsel
Resolution No. 13-020
Page4 o/4 128
SR 13-084 Attachment 1(Attachment to Resolution)
Resolution No. 131-020 Exhibit A DOCUMENT C: OPINION OF COUNSEL TO:
METROPOLITAN TRANSPORTATION COMMISSION
FROM: ALAMEDA-CONTRA COSTA TRANSIT DISTRICT DATE: March 27, 2013 RE:
Eligibility for Allocations of: 1. Transportation Development Act {TDA) Funds 2. State Transit Assistance (STA) Funds 3. Half-cent Sales Tax (AB1107) Revenues 4. AB664 Net Bridge Toll Revenues 5. Regional Measure 2 (RM2) Funds
This document will serve as the requisite opinion of counsel in connection with the application of the Alameda-Contra Costa Transit District (AC Transit) for allocations of TDA funds made available pursuant to Public Utilities Code (PUC) 99200 et seq.; STA funds made available pursuant to PUC 99310 et seq.; AB 1107 Sales Tax Revenues made available pursuant to PUC 29140 et seq.; Net Bridge Toll Revenues made available pursuant to Street and Highways Code Section 30892 et seq.; and RM2 funds from Regional Measure 2 Regional Traffic Relief Plan made available pursuant to Streets and Highways Code Section 30914(c)(d) for Express Bus Service Project, Owl Service Project, and Telegraph -International- E. 14th Street Rapid Bus Operations Project. 1. AC Transit is authorized to provide and assist public transportation by acquisition, construction, and operation of existing or additional transit facilities. This assistance may be provided directly or by contractual arrangements with other parties. 2. AC Transit Is an eligible claimant for TDA/STA funds pursuant to PUC Section 99260; AB 1107 Sales Tax Revenues pursuant to the provisions of PUC Sections 29142.4 and 29142.5; and Bridge Toll Revenues in accordance with the provisions of Street and Highways Code Sections 30892 and 30893. 3. AC Transit is an eligible sponsor for the RM2 funding. 4. AC Transit is authorized to submit an allocation request for RM2 funding for Express Bus Service Project, Owl Service Project, and Telegraph- International - E. 14th Street Rapid Bus Operations Project. 5. I have reviewed the pertinent State and local laws and I am of the opinion that there is no legal impediment to AC Transit making an application for TDA/STA funds; AB 1107 Sales Tax Revenues; Bridge Toll Revenues; and RM 2 funds. Furthermore, as a result of my examination, I find that there is no pending or threatened litigation that might in any way adversely affect the proposed projects, or AC Transit's ability to carry out such projects. Sincerely,
Kenneth C. Scheidig Interim General Counsel
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Report No: Meeting Date:
T~T
13-089 March 27, 2013
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Apply for Regional Measure 2 funds for BRT Project
ACTION ITEM RECOMMENDED ACTION(S): Consider Adoption of Resolution No. 13-021 Authorizing the General Manager, or his designee, to submit allocation requests to the Metropolitan Transportation Commission for Regional Measure 2 Funds and Execute any Documents Necessary for the East Bay Bus Rapid Transit Project. EXECUTIVE SUMMARY: The East Bay Bus Rapid Transit (BRT) Project is preparing to acquire and improve real estate parcels for parking and traffic impact mitigation, and to work on utility relocations in advance of the main construction contracts. A new allocation of Regional Measure 2 funds is needed to fund this work as the local match for the FTA funds already received. BUDGETARY/FISCAL IMPACT: Staff anticipates receiving an allocation of $2,500,000 in RM2 funds to act as the local match for existing FTA 5309 Small Starts funds.
BACKGROUND/RATIONALE: As part of the BRT Project Final Environmental Impact Study/Record of Decision and the Conditions of Approval from the Oakland City Councit AC Transit agreed to mitigate parking and traffic impacts identified along the BRT route . The mitigations need to be complete by the time that construction of the main route begins to minimize parking and traffic impacts from the construction. The BRT project is also going to relocate utilities along the route in advance of the main construction . The approximate costs of the mitigations and utility work are detailed below: Parking Lots Acquisition/Improvement Traffic Mitigation Acquisition/Improvement Advance Utility Relocations
131
Total 2,500,000 5,000,000 5,000,000 12,500,000
FTA 2,000,000 4,000,000 4,000,000 10,000,000
RM2 500,000 1,000,000 1,000,000 2,500,000
Report No. 13-089 Page 2 of 2 For the parking mitigations, AC Transit must offset parking loss in the three commercial areas (San Antonio, Fruitvale, Elmhurst} where the BRT project displaces significant parking. At this point AC Transit has identified potential lots for acquisition and improvement in the Fruitvale and Elmhurst neighborhoods, and discussions are ongoing with Oakland and other stakeholders in the San Antonio neighborhood about what type of solution will work for all the parties there. For the traffic mitigation, AC Transit must improve the intersections at Fruitvale Avenue, San Leandro Street, East 12th Street, and East 10th Street to improve traffic flow and make East 12th and San Leandro Streets function more effectively as an alternative to International Boulevard for automobile traffic. As part of this work AC Transit needs to acquire small 'slivers' of two of the lots where San Leandro Street and East 10th Street intersect Fruitvale Avenue. The advance utility work will relocate various utilities (electric, water, sewer, communications} along the BRT route that might be impacted by the construction of the stations, streetscape enhancements, or other elements of the project. To avoid conflicts this work is typically done in advance of the main construction when feasible. AC Transit is currently negotiating the scope and process of the work with the various utility owners and the cities. Funding for this work will consist of Federal Transit Administration (FTA} Small Starts funds that the district has received and Regional Measure 2 local match. The FTA funds are available for all work before the main construction phase, but the Metropolitan Transportation Commission (MTC} requires a separate allocation from the design phase for this work. ADVANTAGES/DISADVANTAGES: Not applying for the funds would leave the District without matching grant funds for the work. ALTERNATIVES ANALYSIS: There are no recommended alternative actions at this point. The RM2 funds requested have already been committed to the project. PRIOR RELEVANT BOARD ACTIONS/POLICIES: None
ATTACHMENTS: 1: Resolution 13-021
Department Head Approval: Reviewed
by:
Prepared by:
Tom Prescott, Chief Performance Officer Kenneth C. Scheidig, Interim General Counsel Lewis Clinton, Chief Financial Officer David Wilkins, BRT Project Director Chris Andrichak, Senior Analyst, Capital Planning and Grants
132
SR 13-089
Attachment 1
ALAMEDA-CONTRA COSTA TRANSIT DISTRICT RESOLUTION NO. 13-021 A RESOLUTION AUTHORIZING THE GENERAL MANAGER, OR HIS DESIGNEE, TO SUBMIT ALLOCATION REQUESTS TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR REGIONAL MEASURE 2 FUNDS AND EXECUTE ANY DOCUMENTS NECESSARY FOR THE EAST BAY BUS RAPID TRANSIT PROJECT WHEREAS, SB 916 (Chapter 715, Statutes 2004), commonly referred as Regional Measure 2, identified projects eligible to receive funding under the Regional Traffic Relief Plan; and WHEREAS, the Metropolitan Transportation Commission (MTC) is responsible for funding projects eligible for Regional Measure 2 funds, pursuant to Streets and Highways Code Section 30914(c) and (d); and WHEREAS, MTC has established a process whereby eligible transportation project sponsors may submit allocation requests for Regional Measure 2 funding; and WHEREAS, allocations to MTC must be submitted consistent with procedures and conditions as outlined in Regional Measure 2 Policy and Procedures; and WHEREAS, the Alameda-Contra Costa Transit District (AC Transit) is an eligible sponsor of transportation project(s) in Regional Measure 2, Regional Traffic Relief Plan funds; and WHEREAS, the East Bay Bus Rapid Transit project is eligible for consideration in the Regional Traffic Relief Plan of Regional Measure 2, as identified in California Streets and Highways Code Section 30914(c) or (d); and WHEREAS, the Regional Measure 2 allocation request lists the project, purpose, schedule, budget, expenditure and cash flow plan for which AC Transit is requesting that MTC allocate Regional Measure 2 funds; NOW THEREFORE, the Board of Directors of the Alameda-Contra Costa Transit District does resolve as follows: Section 1. AC Transit and its agents shall comply with the provisions of the Metropolitan Transportation Commission's Regional Measure 2 Policy Guidance (MTC Resolution No. 3636}. Section 2. AC Transit certifies that the project is consistent with the Regional Transportation Plan (RTP). Section 3. The year of funding for any design, right-of-way and/or construction phases has taken into consideration the time necessary to obtain environmental clearance and permitting approval for the project.
Resolution No. 13-021
Page 1 of4 133
SR 13-089 Attachment 1
Section 4.
The Regional Measure 2 phase or segment is fully funded, and results in an operable and useable segment.
Section 5.
AC Transit approves the updated Initial Project Report and cash flow plan
for the project.
Section 6.
AC Transit has reviewed the project needs and has adequate staffing resources to deliver and complete the project within the schedule set forth in the updated Initial Project Report.
Section 7.
AC Transit is an eligible sponsor of projects in the Regional Measure 2 Regional Traffic Relief Plan, Capital Program, in accordance with California Streets and Highways Code 30914(c).
Section 8. AC Transit is authorized to submit an application for Regional Measure 2 funds for the East Bay Bus Rapid Transit project in accordance with California Streets and Highways Code 30914(c). Section 9.
AC Transit certifies that the projects and purposes for which RM2 funds are being requested are in compliance with the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), and with the State Environmental Impact Report Guidelines (14 California Code of Regulations Section 15000 et seq.) and, if relevant, the National Environmental Policy Act (NEPA), 42 USC Section 4-1 et. seq. and the applicable regulations thereunder.
Section 10.
There is no legal impediment to AC Transit making allocation requests for Regional Measure 2 funds.
Section 11.
There is no pending or threatened litigation which might in any way adversely affect the proposed project, or the ability of AC Transit to deliver the project.
Section 12. AC Transit agrees to comply with the requirements of MTC's Transit Coordination Implementation Plan as set forth in MTC Resolution 3866. Section 13.
AC Transit agrees to indemnify and hold harmless MTC, its Commissioners, representatives, agents, and employees from and against all claims, injury, suits, demands, liability, losses, damages, and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of AC Transit, its officers, employees or agents, or subcontractors or any of them in connection with its performance of services under this allocation of RM2funds. In addition to any other remedy authorized by law, so much ofthe funding due under this allocation of RM2 funds as shall reasonably be considered necessary by MTC may be retained until disposition has been made of any claim for damages.
Resolution No. 13-021
Page2of4 134
SR 13-089 Attachment 1
Section 14. AC Transit shall use any revenues or profits from any nongovernmental use of property (or project) exclusively for the public transportation services for which the project was initially approved, either for capital improvements or maintenance and operational costs, otherwise the Metropolitan Transportation Commission is entitled to a proportionate share equal to MTC's percentage participation in the project. Section 15. Assets purchased with RM2 funds including facilities and equipment shall be used for the public transportation uses intended, and should said facilities and equipment cease to be operated or maintained for their intended public transportation purposes for its useful life, that the MTC shall be entitled to a present day value refund or credit (at MTC's option) based on MTC's share of the Fair Market Value of the said facilities and equipment at the time the public transportation uses ceased, which shall be paid back to MTC in the same proportion that Regional Measure 2 funds were originally used. Section 16. AC Transit shall post on both ends of the construction site(s) at least two signs visible to the public stating that the Project is funded with Regional Measure 2 Toll Revenues. Section 17. AC Transit authorizes its General Manager, or his designee, to execute and submit an allocation request for the design and right-of-way phases with MTC for Regional Measure 2 funds in the amount of $2,500,000, for the project, purposes and amounts included in the project application. Section 18. The General Manager, or his designee, is hereby delegated the authority to make non-substantive changes or minor amendments to the IPR as he deems appropriate. Section 19. A copy of this resolution shall be transmitted to MTC in conjunction with the filing of the AC Transit application referenced herein. Section 20. This resolution shall become effective immediately upon its passage by four affirmative votes by the Board of Directors. PASSED AND ADOPTED this 27th day of March 2013
Greg Harper, President Attest:
Linda A. Nemeroff, District Secretary
Resolution No. 13-021
Page3of4 135
SR 13-089
Attachment 1
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 27th day of March, 2013 by the following roll call vote:
AYES: NOES: ABSENT: ABSTAIN:
Linda A. Nemeroff, District Secretary
Approved as to Form and Content:
Kenneth C. Scheidig, Interim General Counsel
Resolution No. 23-022
Page4of4 136
Report No: Meeting Date:
13-073 March 27, 2013
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Application to Alameda County Transportation Commission {ACTC) for FY 2013-14 Measure B Paratransit Funds
ACTION ITEM RECOMMENDED ACTION(S): Consider adoption of Resolution No. 13-018 authorizing the General Manager, or his designee, to submit a funding application and program plan to Alameda County Transportation Commission (ACTC) for FY 2013-14 Measure B funds for for the provision of East Bay Paratransit Consortium (EBPC) mandated Americans with Disabilities Act (ADA) services. EXECUTIVE SUMMARY: The Alameda County Measure B sales tax funds a variety of transit and transportation projects, including mandated Americans with Disabilities Act (ADA) and non-mandated (city-based) public paratransit services. The District, on behalf of the East Bay Paratransit Consortium (EBPC), is required to submit annual applications and program plans for these funds. AC Transit expects to receive approximately $4.7 million in Measure B funds for mandated ADA paratransit services. BUDGETARY/FISCAL IMPACT: The projected revenue of $4.7 million for FY 2013-14 reflects a slight increase in revenues based on prior year actual receipts of $4.5 million. The Measure B funds available to AC Transit will offset approximately 18% of the AC Transit portion of the estimated EBPC budget of $25.5M in FY 2013-14. The remaining balance of revenues necessary to support EBPC services will come from Transportation Development Act (TDA) 4.5 funds, Measure J, fare revenues, and the AC Transit general fund.
BACKGROUND/RATIONALE: Since the passage of Measure B in 2001, the District has been required to submit annual funding applications and program plans to receive Measure B funding. The EBPC has a structure that includes a Service Review Advisory Committee (SRAC), to advise the AC Transit and BART Boards and staff on EBPC services. The SRAC is comprised of EBPC consumers, representatives from city-based paratransit programs and social services/non-profit representatives. In addition, the EBPC structure includes a Service Review Committee (SRC). The SRC is comprised 137
Report No. 13-073 Page 2 of 3 of the General Managers of both AC Transit and BART, or his/her designees. The SRAC/SRC reviewed and approved the Measure B FY 2013-14 funding applications and program plans on behalf of the EBPC, for submission to the respective Boards on March 5, 2013. Once approved by the SRAC/SRC and the AC Transit and BART Boards, the Measure B paratransit funding application and program plan is reviewed by the consumer advisory body to the Alameda County Transportation Commission (ACTC), also known as the Paratransit Advisory Planning Committee (PAPCO). The PAPCO recommendations are then forwarded to the ACTC for approval. The program plan for EBPC has not changed over the years. The EBPC provides mandated ADA paratransit services. However, the FY 2013-14 program plan highlights modifications that the EBPC expects to occur over the next fiscal year. In the FY 2013-14 program plan, these modifications include: •
Moving to a 100 percent lift van fleet
•
Centralized dispatch and implementation of the Interactive Voice Response (IVR) system.
The AC Transit funding application and program plan is identical to the BART funding application and program plan for EBPC, except for the respective funding amounts. AC Transit and BART receive individual allocations to support the EBPC mandated ADA service. AC Transit receives 3.38% of the total proceeds for the North County area, and 0. 76% for the Central County area. Funds for the South County area are allocated directly to the cities of Fremont, Newark and Union City. The review of the EBPC funding application and program plan by PAPCO is scheduled for April 5, 2013. This process will provide an opportunity for local consumer advisory input, as called for in the measure. Recommendations from PAPCO will then be sent to the ACTC for approval in late April, 2013. Staff recommends the approval of Resolution No. 13-018 to authorize the submission of the FY 2013-14 Measure B paratransit funding application and program plan to ACTC. ADVANTAGES/DISADVANTAGES: Not applying for the funds would cause the District to forego approximately $4.7 Min revenues necessary to support EBPC services. ALTERNATIVES ANALYSIS: Staff did not conduct an alternative analysis for this report.
138
Report No. 13-073 Page 3 of 3
PRIOR RELEVANT BOARD ACTIONS/POLICIES: GM Memo 12-075
Approved Resolution No. 12-103 authorizing the submission of the Alameda County Measure B Paratransit Application for FY 12-13, March 28, 2012.
GM Memo 11-076:
Approved Resolution No.ll-013 authorizing the submission of the Alameda County Measure B Paratransit Application for FY 11-12, March 23, 2011.
GM Memo 10-086:
Approved Resolution No. 10-012 authorizing the submission ofthe Alameda County Measure B Paratransit Application for FY 10-11, March 24, 2010.
GM Memo 09-091:
GM Memo 08-072:
Approved Resolution No. 09-024 authorizing the submission ofthe Alameda County Measure B Paratransit Application for FY 09-10, April 22, 2009. Approved Resolution No. 08-015 authorizing the submission of the Alameda County Measure B Paratransit Application for FY 08-09, March 26, 2008.
ATTACHMENTS: 1: Resolution No. 13-018 Measure B Funding
Department Head Approval: Reviewed
by:
Prepared
by:
James Pachan, Chief Operations Officer Kenneth C. Scheidig, Interim General Counsel Lewis Clinton, Chief Financial Officer Robert del Rosario, Director of Service Development and Marketing Mallory Nestor-Brush, Accessible Services Manager
139
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SR 13-073 Attachment 1 ALAMEDA-CONTRA COSTA TRANSIT DISTRICT RESOLUTION NO. 13-018 A RESOLUTION AUTHORIZING THE GENERAL MANAGER, OR HIS DESIGNEE, TO SUBMIT AN APPLICATION TO THE ALAMEDA COUNTY TRANSPORTATION COMMISSION FOR FISCAL YEAR 2013-2014 ALLOCATION OF MEASURE B FUNDS WHEREAS, in November 2001, the voters of the County of Alameda approved an extension of Measure B, a one-half percent sales tax measure for the purpose of providing funds for the improvement of transportation in the county; and WHEREAS, the Alameda County Transportation Commission {ACTC) is responsible for the collection and disbursement of Measure B funds, in accordance with the transportation programs approved by the voters; and WHEREAS, ACTC carries out its mandate by requiring participating entities to enter into agreements for the disbursement of funds consistent with voter approved programs and projects identified in Measure B; and WHEREAS, the District has entered into agreements with ACTC to obtain the District's portion of Measure B funding; NOW THEREFORE, the Board of Directors of the Alameda-Contra Costa Transit District does resolve as follows:
Section 1. The General Manager, or his designee, is authorized to submit an application for the allocation of FY 13-14 Measure B funds, (per the executed agreement), on behalf of the District. Section 2.
A copy of this resolution will be transmitted to ACTC.
Section 3. This resolution shall become effective immediately upon its passage by four affirmative votes of the Board of Directors.
PASSED AND ADOPTED this 27th day of March 2013
Greg Harper, President Attest:
Resolution No. 13-018
Pagel ofZ 141
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 27th day of March 2013 by the following roll call vote:
AYES: NOES: ABSENT: ABSTAIN:
Linda A. Nemeroff, District Secretary
Approved as to Form and Content:
Kenneth C. Scheidig, Interim General Counsel
Resolution No. 13-018
PogeZo/2 142
Report No: Meeting Date:
13-057 March 27, 2013
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 316- Capital Projects
ACTION ITEM RECOMMENDED ACTION(S):
Consider review and approval of Amendments to Board Policy 316 - Capital Projects Policy EXECUTIVE SUMMARY:
In accordance with Board Policy No. 302, "the Board of Directors shall review each fi scal policy of the District once every two years with the exception of the investment policy which shall be reviewed annually". Staff is recommending minor updates to Board Policy 316-Capital Projects Policy, including the requirement th at the General Manager provide to the District Board a semi-annual Capital Board Policy No. 316 meets all Projects Report during the mid-year operating report. accounting requirements for Generally Accepted Accounting Principles (GAAP), and reflects best practices as conducted by public agenci es. BUDGETARY/FISCALIMPACT:
There is no budgetary or fiscal impact associated with this report.
BACKGROUND/RATIONALE:
Capital Projects Policy 316 establishes a process for approval of capital projects by the District including submission of capital projects for review and approval by the General Manager and then by the Board of Directors. Requests for capital projects are submitted to the Chief Financial Officer and the Chief Planning and Development Officer for budget sufficiency and consistency with the District's capital project plan. The General Manager will submit all capital projects over $50,000 to the District Board for final approval. The submission to the Board will include a proposed capital budget that identifies all capital projects their scope and amount for the Board's approval. Additionally, Board authorization is required for scope increases and changes in fundin g source allocations that exceed fifteen percent (15%). The General Manager has authority to approve scope increases and changes in funding source allocation that do not exceed fifteen percent (15%).
143
Report No. 13-057 Page 2 of 2 The General Manager may approve mid-cycle inclusion of grant-funded projects into the Capital budget without Board approval if the impact to the District funds is less than $50,000 provided there is prior Board approval for submitting the grant application and there are no substantive changes from the application.
ADVANTAGES/DISADVANTAGES: This report does not recommend a course of action with notable advantages or disadvantages.
ALTERNATIVES ANALYSIS: Staff found no practical alternatives to the course of action recommended in this report.
PRIOR RELEVANT BOARD ACTIONS/POLICIES: GM Memo 11-048, February 23, 2011
ATTACHMENTS: 1: Board Policy No. 316
Department Head Approval:
Lewis G. Clinton, Jr., Chief Financial Officer
by: Prepared by:
Dennis Butler, Chief Planning and Development Officer
Reviewed
Lewis G. Clinton, Jr., Chief Financial Officer
144
Staff Report 13-057 Att.1
AC Transit BOARD POLICY
Policy No. 316 Category: Financial Matters
CAPITAL PROJECTS POLICY I. Introduction The purpose of this Policy is to establish a process for approval of capital projects by AC Transit and submission of capital projects for review and approval by the General Manager (GM) and then by the Board. II. Definition For the purposes of this Policy, "Capital Project" means: A capital expenditure shall have a value of $1 ,000 or more and a life expectancy of one year or more, except for Federal Transit Administration 1\genoy (FTA) funded projects and Preventive Maintenance projects which require capitalization to the nearest $1 or greater. Ill. Capital project request 1. AC Transit Department Directors and Managers are required to submit an executive budget request for capital projects to the Chief Financial Officer (CFO). The CFO shall review the sufficiency of funding available and the Director of Capital ProjeotsChief Planning and Development Officer shall verify that the proposed change is consistent with the District's capital projects plan. Upon approval, the District and Grant-funded capital project budget request shall be submitted to the GM for review and authorization to submit all applicable budget requests (over $50.00025,000) to the District Board for final approval. IV. Capital Project Approval Authority
A The District's General Manager shall submit to the AC Transit District Board at the time he/she submits the proposed budget, in accordance with Board Policy No. 312, a proposed capital budget that identifies all capital projects, Adopted: Amended:
Page 1 of 3
145
4/92 10/99, 10/01 , 12/01, 08/04, 06/05, 04/07, 06/09, 2/11
Staff Report 13-057 A tt.1
their scope and amount for the Board's approval.
B. The District's General Manager shall have the authority to approve: 1. All AC Transit capital projects, previously approved by the Board, regardless d fund source and prior to initiation; and 2. All bond issuances for AC Transit capital projects . subject to previous Board approval or. when required voter approval-:C. Authority to approve changes in capital project scope, funding source or term. 1. The District Board may approve: a. Scope increases to capital projects that exceed fifteen percent (15%); and b. Changes in funding source allocations that exceed fifteen percent (15%). 2. The GM shall have tahe authority to approve: a. Scope increases to capital projects that do not exceed fifteen percent (15%); and b. Changes in fund source allocations that do not exceed fifteen percent (15%). D. The General Manager, in the preparation of the capital budget, shall evaluate all Capital and Preventive Maintenance projects based upon, but not limited to, the following criteria: (a) (b) (c) (d) (e) (f)
The benefit to the District, including the affect on future operating costs and revenues; The affect on service delivery; The consequences of not funding the Capital and Preventive Maintenance projects; The life of the asset; The total project cost and schedule for completion. The sources of funding . For each funding source, the capital projects proposal shall clearly indicate whether the source is an existing source, such as an active local tax from which revenues are currently collected, or a new source requiring District approval.
E. Only those operating, administrative, maintenance and interest expenses incurred prior to actual completion of the capital improvement shall be included in the capital budget. After completion of the capital improvement such cost shall be included in the operating budget of the District. Page 2 of 3
Adopted: Amended:
146
4/92 10/99. 10/01, 12/01 . 08/04, 06/05. 04/07, 06/09, 2/11
Staff Report 13-057 Att.1
F. The components of the project capital plan are summarized and incorporated into the agency-wide capital projects budgeUplan . G. The General Manager shall provide to the District Board a Quarterly semiannual Capital Projects Report during the mid-year operating report; describing the status of ongoing capital projects, including District-funded, grant-funded and preventive maintenance capital projects along with quarterly financial statements and year-end projections. H. The General Manager may approve mid-cycle inclusion of grant-funded projects into the Capital budget without Board approval if the impact to the District funds is less than $50.00025,000 providediflg there is prior Board approval for submitting the grant application and there are no substantive changes from the application.
Adopted: Amended:
Page 3 of 3
147
4/92 10/99. 10/01.12/01.08/04. 06/05. 04/07 . 06/09. 2/11
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148
13-080 · March 27, 2013
Report No: ·Meeting Date: 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
BRIEFING ITEM RECOMMENDED ACTION(S): Consider Recommending Receipt of the Monthly Budget Update EXECUTIVE SUMMARY: District General Fund Operating expenses are under budget by 2.6% or approximately $5.7 million for the first 8 months of the fiscal year. The District's labor cost shows a positive variance in salary and wages of 3.9%. The District is controlling expenses in the areas of Services which is under budget by 12.2%, Materials and supplies are under budget by 8.2%, Utilities and Taxes are under budget by 14.6% and the ADA Consortia program is under budget by 5.9%. These areas are big contributors to the District's current under budget status. Also noteworthy is the fact that fuel and lubricants costs remained under budget despite a spike in diesel fuel cost beginning in late January 2013 and continuing into to February. As of January fuel was 4.8% under budget, which increased to a positive year-to-date (YTD) variance of 5.7% by the end of February.
ACTransit FY 2012-13 YTD Month by Month Cumulative Operating Expenses .$250,000
.,"' "'
8. -"'
c-
~g
$150.000 • A< tUill
.,.o
• Budg~ t
~ E .$]00,000
~
0
.$50,000
5YTD Ju l
YTD Aup,
YTD Sept
YTD O c t
YTD Nov
YTO Dec
YTD Jilll
YTD Fe b
2012
201 2
2012
2012
2012
2012
20 13
2013
149
Report No. 13-080 Page 2 of 3 The only item that experienced a different trend compared to previous periods was in the area of Fringe Benefits, which was over budget by about 1% (-0.6%). This appears to be the result of timing caused by the recognition of adjustments to the District's healthcare costs. Staff is still projecting that total labor costs, including fringe benefits, will stay at budget levels by year end. BUDGETARY/FISCAL IMPACT:
There is no budgetary or fiscal impact associated with this report. BACKGROUND/RATIONALE:
As projected in the recently approved Mid Year Budget Review, general fund operating expenses remain in the range of expected budgetary results. Currently, at the end of February 2013, operating expenses are under budget by 2.6% or approximately $5.7 million. Total labor Costs at the end of February 2013 was over budget by less than 1% (-0.6%}, or $0.9 million. Salary and wages were under budget by 3.9%, however, fringe benefits were over budget by (-9.1%). This resulted from adjustments to healthcare related fringe benefits, but the expectation is that the District will hold this expense to budget for the fiscal year. Currently, Services are under budget by 12.2% or approximately $1.8 million, however this activity tends to increase closer to year-end as invoices are received for projects completed during the fiscal year. Fuel and lubricants expenses remain under budget as expected, 5.7% or $0.8 million and fortunately in the past week, as indicated by market futures, fuel prices are again back down to levels slightly under budget. Strategies to utilize Materials and Supplies more efficiently continue to pay dividends as this expense category is under budget by 8.2% or $0.9 million. Two areas show a permanent reduction in their cost. Interest Expenses is under budget due to lower financing costs associated with refinancing of COPs, and Utilities and Taxes are showing a reduction in the level of electricity consumption due to the District's investments in renewable energy infrastructure, as well as in efforts to curtail unnecessary telecommunications costs. Combined they are under budget by 35.8% or approximately $0.9 million. Finally, Casualty and liabilities continue reflecting the budgeted high cost of insurance premiums and the cost of liabilities associated with property damage and injuries to third parties, which staff expects to address with new initiatives in the next fiscal year. Please see Attachment l.a and l.b- Operating Expense Trend Analysis, VTD February 2013 and YTD January 2013 respectively. ADVANTAGES/DISADVANTAGES:
This report does not recommend a course of action with notable advantages or disadvantages. ALTERNATIVE ACTION:
This report does not recommend an action. 150
Report No. 13-080 Page 3 of 3
PRIOR RELEVANT BOARD ACTIONS/POLICIES: There are no prior relevant Board Actions/Policies.
ATTACHMENTS:
lA: Operating Expense Trend Analysis February 2013 18: Operating Expense Trend Analysis January 2013 Department Head Approval: Prepared by:
lewis G. Clinton, Jr., Chief Financial Officer Hernan Vargas, Budget Manager
151
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152
FY12/13 Operating Expense Trend Analysis Preliminary February 2013
July Operating Expenses (OOO's) Salary & Wages
Fringe Benefits Pension Fund
Total labor Costs Adjusted labor Costs
Services Fuel & Lubricants Other Materials & Supplies Utilities & Taxes Casualty & Uability Interest Expense ADA Consortium and Other Purchas Other Total Operating Expenses
Budget
8,881 6,318
Actual
Var$
Budget
Var%
August Actual 8,947 5,776
September
Var$
5,753 3,082 17,548 17,548
168 565 315
1.9% 8.9% 9.3%
8,881 6,318
1,048 1,048
5.6%
18,596 18,596
3,063 17,786 17,786
531 (133} 142 202 35 34 752 158
30.0%
1,768
1,658
-8.2%
1,624
1,577
1,209 521 795 145 2,230 230
1,237 1,757 1,067 320 759 111 1,478 72
11.7% 38.7% 4.4% 23.4%
1,526
68.5%
1,209 521 795 145 2,230 230
432 937 111 2,186 56
111 46 (317} 90 (142} 34 44 174
27,117
24,349
2,768
10.2%
27,117
26,268
849
3,397
18,596 18,596 1,768 1,624
8,713
5.6%
33.7".-£
3,397
(66}
542 333 809 809
Var% -0.7%
Budget
Actual 8,843 8,326
Var%
Var$ 81 (2,579} {125) (2,623} (2,623}
0.9% -44.9% -4.2% -14.9% -14.9%
146 156 325 105 511
8.3%
4.4%
8,925 5,747 2,991 17,662
4.4%
17,662
6.2%
1,760
1,614
2.8%
1,571
23.4% 2.0% 75.8%
1,727 1,438 520 795 145 2,230 251
415 284 105 2,387 112
(157} 139
55.4%
3.1%
26,527
27,885
(1,358}
-5.1%
8.6% 9.8%
-26.3% 17.2% -17.9%
3,116 20,286 20,286
1,113
40
9.0% 22.6% 20.2% 64.3% 27.8% -7.0%
"'Note: February accruals and
adjustments are being finalized by the Accounting and Budget departments
153
en
:xJ ~
"" I
0
a> 0
> -i
~
>
FY12/13 Operating Expense Trend Analysis Preliminary February 2013
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 & liabil'lty Interest Expense ADA Consortium and Other Purchas Other TotaJ Operating Expense_s_ _
• Note: February accruals and adjustments are being finalized by the Accounting and Budget departments
Budget 8,896 6,128 3,261 18,285
October Actual Var$ 9,197 {301)
5,733 3,101 18,031
18,285
18,031
1,766 1,658 1,285 521 795 145 2,230
237
1,681 1,824 1,290 503 749 108 2,208 54
26,921
26,448
394 160
254 254 84 {167) {5) 18 46 37
Var% -3.4% 6.4%
4.9% 1.4% 1.4% 4.8%
183
-10.0% -0.4% 3.4% 5.8% 25.6% 1.0% 77.2%
472
1.8%
22
Budget 9,196 6,191 3,261 18,648 18,648
November Actual Var$ 8,369 827 {74) 6,265 3,683 {422) 18,317 331
December
Budget
Var%
9.0%
18,025
-2.8% 32.6% 17.9% -7.2% -11.7% 83.5%
1,916 1,423 1,500 534 795 145 2,230 243
1,806 1,434 929 719 813 108 1,799 114
110 {11) 571 {185) {18) 37 431 130
5.7% -0.7% 38.1% -34.7% -2.3% 25.6% 19.3% 53.2%
3.7%
27,364
25,747
1,617
5.9%
1.8%
331
1.8%
1,561
338 126 {36) 190
17.8%
1,530 1,326
582
392
794 145 2,229 238
653 155 2,490 39
27,484
26,464
142 (10) {260) 199 1,020
Var%
5.4%
-12.9%
18,317
1,900 1,657 1,290
Var$ 170 206 176 553 553
-1.2%
7.6%
9,168 6,148 3,261 18,578 18,578
Actual 8,998 5,942 3,085 18,025
1.9%
3.4% 3.0% 3.0%
154
FY12/13 Operating Expense Trend Analysis Preliminary February 2013 January Operating Expenses (OOO's)
Budget
Actual
Salary & Wages
9,032
8,458
Fringe Benefits
6,053 3,261 18,346
7,049 3,115 18,622
18,346
18,622
2,029 2,040
1,696
Fuel & Lubricants
Other Materials & Supplies
1,111
1,169
Utilities & Taxes
533 795 145 2,231 238 27,467
Pension Fund
Total Labor Costs Adjusted Labor Costs
Services
Casualty& Liability Interest Expense
ADA Consortium and Other Purchas
Other Total Operating Expenses "'Note:
February accruals and adjustments are being finalized by the Accounting and Budget
departments
February (Preliminary) •
Var%
Var$
Budget
574 (996) 146 (276) (276)
6.4% -16.5%
4.5%
3,261
-1.5% -1.5%
18,387
16.4% 26.6% -5.3% 18.6% 1.1% 25.6% -5.3% 83.5%
1,844 1,679
434 786 108 2,348 39
333 542 (59) 99 9 37 (118) 198
26,701
767
2.8%
1,498
8,997 6,129
18,387
Actual
Total FYTD
Var$
7,667
1,330
8,633 3,131
(2,504) 131 (1,043) (1,043)
19,430 19,430
Var% 14.8%
Budget
-40.9% 4.0% -5.7%
-5.7%
Actual
71,976
69,192
49-,031
53,476
26,091
25,377
147,099 147,099
148,046 148,046
14,751 13,430 10,333 4,265 6,357
533 795 145 2,230 238
1,701 1,467 1,064 430 741 108 1,887 741
37 342 (502)
25.6%
1,161
15.4% -211.0%
17,839 1,905
12,954 12,658 9,483 3,645 5,721 914 16,783 1,227
27,143
27,569
(426)
-1.6%
217,140
211,431
1,292
143 212 228 103 54
7.8%
12.6% 17.6% 19.3% 6.8%
--
Var$ 2,784 (4,445) 714 (947) (947) 1,796 772 850 621 636 246
Var% 3.9% -9.1% 2.7% -0.6% -0.6%
678
12.2% 5.7% 8.2% 14.6% 10.0% 21.2% 5.9% 35.6%
5,709
2.6%
1,056
155
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156
FY12/13 Operating Expense Trend Analysis Preliminary January 2013 July
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 & Uability Interest Expense ADA Consortium and Other Purchas
Other Total Operating Expenses
Budget 8,881 6,318 3,397 18,596 18,596
Actual 8,713 5,753 3,082 17,548 17,548
1,768 1,624 1,209 521 795 145 2,230 230 27,117
September
August
Var$
Var%
Budget
Actual 8,947 5,776 3,063 17,786 17,786
168 565 315 1,048 1,048
1.9% 8.9% 9.3% 5.6% 5.6%
8,881 6,318 3,397 18,596 18,596
1,237 1,757 1,067 320 759 111 1,478 72
531 (133) 142 202 35 34 752 158
30.0%
1,768 1,624 1,209 521 795 145 2,230 230
1,658
-8.2% 11.7% 38.7% 4.4% 23.4% 33.7% 68.5%
24,349
2,768
10.2%
27,117
Var$
Var%
Budget 8,925 5,747 2,991 17,662
Actual 8,843 8,326 3,116 20,286 20,286
Var$
Var%
(66)
-0.7%
542 333 809 809
8.6% 9.8%
6.2%
1,760
1,614
2.8%
1,526 432 937 111 2,186 56
111 46 (317) 90 {142) 34 44 174
-26.3% 17.2% -17.9% 23.4% 2.0% 75.8%
1,727 1,438
520 795 145 2,230 251
1,571 1,113 415 284 105 2,387 112
146 156 325 105 511 40 {157) 139
9.0% 22.6% 20.2% 64.3% 27.8% -7.0% 55.4%
26,268
849
3.1%
26,527
27,885
(1,358)
-5.1%
1,577
4.4% 4.4%
17,662
81 (2,579) (125)
(2,623) (2,623)
0.9% -44.9% -4.2% -14.9% -14.9% 8.3%
• Note: January accruals and adjustments are being finalized by the Accounting and Budget departments
157 C1l JJ ~
"'I 0 Cl>
0
~
;-1 ~
"'
FY12/13 Operating Ex1 Preliminary January 2013
Operating Expenses (OOO's) Salary & Wages Fringe Benefits
Pension Fund Total labor Costs Adjusted Labor Costs
Services
Budget 8,896 6,128 3,261 18,285 18,285
October Actual Var$ 9,197 {301) 5,733 394 3,101 160 18,031 254 18,031 254
Interest Expense
1,766 1,658 1,285 521 795 145
1,681 1,824 1,290 503 749 108
ADA Consortium and Other Purchas
2,230
2,208
237 26,921
Fuel & Lubricants Other Materials & Supplies Utilities & Taxes Casualty & Liability
Other Total Operating Expenses "Note: January accruals and adjustments are being finalized by the Accounting and Budget departments
Var% -3.4% 6.4%
4.9% 1.4% 1.4%
(167)
4.8% -10.0%
84 (5)
-Q.4%
54
18 46 37 22 183
3.4% 5.8% 25.6% 1.0% 77.2%
26.448
472
1.8%
Budget 9,196 6,191 3,261 18,648 18,648
November Actual Var$ 8,369 827 6,265 (74) 3,683 (422)
18,317 18,317
582 794 145
1,561 1,530 1,326 392 653 155
2,229
2,490
238
39
27,484
26,464
1,900 1,657 1,290
331 331
Var%
9.0% -1.2%
-12.9% 1.8% 1.8%
18,578
December Actual Var$ 8,998 5,942 3,085 18,025 18,Q25
Var% 170 206 176 553 553
1.9%
3.4% 5.4% 3.0%
3.0%
1,916 1,423 1,500
1,806
110
5.7%
1,434 929
(11)
-Q.7%
719 813 108 1,799 114
571 (185) (18) 37 431 130
38.1% -34.7%
17.9% -7.2% -11.7% 83.5%
534 795 145 2,230 243
3.7%
27,364
25,747
338 126 (36)
17.8%
190 142 (10) (260) 199
32.6%
1,020
Budget 9,168 6,148 3,261 18,578
7.6%
-2.8%
--
1,617
-2.3% 25.6% 19.3% 53.2%
~
158
FY12/13 Operating Ex1 Preliminary January 2013
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 & Uability Interest Expense ADA Consortium and Other Purchas Other
Total Operating Expenses • Note: January accruals and adjustments are being finalized by the Accounting and Budget departments
Budget 9,032 6,053 3,261 18,346 18,346
January (Prelimina ) • Actual Var$ 8,458
7,049 3,115 18,622 18,622
2,029 2,040 1,111 533 795 145 2,231 238
1,696 1,498 1,169 434 786 108 2,348
27,467
26,701
39
TotaiFYTD
(276)
4.5% -1.5% -1.5%
Budget 62,979 42,902 22,830 128,711 128,711
Actual 61,525 44,843 22,246 128,615 128,615
Var$ 1,454 (1,941) 584 96 96
333 542 (59) 99 9 37 (118) 198
16.4% 26.6% -5.3% 18.6% 1.1% 25.6% -5.3% 83.5%
12,907 11,751 9,042 3,732 5,562 1,016 15,609 1,667
11,254 11,191 8,419 3,214 4,980 806 14,896 486
1,653 560 623 518 582 209 714 1,181
12.8% 4.8% 6.9% 13.9% 10.5% 20.6% 4.6% 70.8%
767
2,8%
189,998
183,862
6,135
3,2%
Var%
574 (996) 146 {276)
6.4% -16.5%
Var% 2.3% -4.5%
2.6% 0.1%
0.1%
159
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160
Report No: Meeting Date:
13-091 March 27, 2013
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
Linda A. Nemeroff, District Secretary
SUBJECT:
Reimbursement of Travel Expenses for General Counsel Candidates
ACTION ITEM RECOMMENDED ACTION(S): Consider approving the guidelines and process for the reimbursement of travel expenses associated with the General Counsel interview process. EXECUTIVE SUMMARY: The recruitment for a permanent General Counsel is underway and gaining momentum. In anticipation of upcoming interviews, this report outlines the guidelines that will be applicable to all candidates who are invited to participate in the interview process as well as how requests for reimbursement will be processed. BUDGETARY/FISCAL IMPACT: Reimbursement of candidate travel is not expected to exceed $3,000 and will be paid for using existing travel funds.
BACKGROUND/RATIONALE: As part of the recruitment process for the General Counsel position, candidates who are invited to participate in the interview process will be required to travel to the District's headquarters in Oakland. The guidelines for reimbursement of travel expenses are outlined below and are based on similar provisions provided in Board Policy 180A - Travel and Meeting Expense Reimbursements for Directors and Board Officers.
Candidates Residing Outside of the Bay Area Pursuant to the Board's travel policy, the nine county Bay Area region consists of the following counties: Alameda, Contra Costa, San Francisco, San Mateo, Marin, Napa, Santa Clara, Solano and Sonoma. Candidates living outside of the nine county Bay Area region may request reimbursement for the following expenses: Airfare : Reimbursement for reasonable expenses based on the value of the applicable round trip coach airfare, including applicable fees and baggage charges, from departure cities more than 150 miles from Oakland .
161
Report No. 13-091 Page 2 of 3 Mileage: Reimbursement for mileage at the current IRS rate for candidates traveling more than 150 miles one-way. In no event shall mileage reimbursement exceed the value of coach airfare. Hotel: Reimbursement up to a maximum of $200 per day for hotel or motel lodging expenses, including applicable taxes for up to two nights lodging beginning the evening prior to the interview. Per Diem: Reimbursement for meals at the IRS rate of $61 each day the candidate participates in an interview. This per diem rate includes incidental expenses such as tips to porters, baggage carriers, bellhops, hotel maids, and taxi cab drivers. Ground Transportation: Reimbursement for reasonable expenses for ground travel to and from airports, including taxis, airport shuttles or buses. Public transportation shall be the preferred method of travel whenever feasible or when other more cost effective transportation is not available. The District will not reimburse candidates for rental car expenses. Candidates Residing Within the Nine County Bay Area Region
No reimbursement for travel is authorized for any candidate living within the nine county Bay Area region. Reimbursement Processing
Candidates will be required to submit original receipts for reimbursement of reasonable travel expenses. Claims for reimbursement shall be forwarded to the District Secretary no later than 30 days following the last day of travel in order to qualify for reimbursement. The District shall reserve the right to deny any claim submitted more than 30 days following the last day of travel or any portion of a claim that does not conform to the aforementioned guidelines. It is recommended that the Board approve the guidelines suggested above. ADVANTAGES/DISADVANTAGES:
The key advantage of allowing reimbursement of travel expenses is the benefit of having a faceto-face interview with a candidate. Interviews that are conducted remotely using technology such as Skype can prove to be problematic due to a poor internet connection and the lack of the appropriate device/equipment on the part ofthe candidate. There really aren't any disadvantages to allowing reimbursement for travel expenses given that 1) the suggested guidelines appear to be aligned with industry practice, 2) only a limited number of candidates will be interviewed, and 3) because of the possibility that the candidate pool will consist of several strong local candidates. ALTERNATIVES ANALYSIS:
While the Board could decide to disallow any type of reimbursement for travel expenses associated with the interview process, staff recommends the approval of the guidelines provided in this report given that this type of reimbursement if is often customary for executive- level recruitments and because the guidelines are fair and reasonable.
162
Report No. 13-091 Page 3 of 3 PRIOR RELEVANT BOARD ACTIONS/POLICIES:
Board Policy 180A - Travel and Meeting Expense Reimbursement for Directors and Board Officers ATTACHMENTS: None Department Head Approval:
linda A. Nemeroff, District Secretary
Reviewed by:
Kenneth C. Scheidig, Interim General Counsel
163
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164
Report No: Meeting Date:
13-071a March 27, 2013
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
Linda A. Nemeroff, District Secretary
SUBJECT:
Amendments to Board Policy 180A
ACTION ITEM RECOMMENDED ACTION(S):
Consider approving amendments to Board Policy 180A - Travel, Meeting and Miscellaneous Expense Reimbursements for Directors and Board Officers. EXECUTIVE SUMMARY:
Board Policy 180A is reviewed annually and amendments are recommended to the Board of Directors for consideration . This report outlines proposed amendments to various sections of the policy, including limitations, accommodations, transportation, meals, mileage, and reimbursement . BUDGETARY/FISCAL IMPACT:
There is no fiscal impact associated with this report.
BACKGROUND/RATIONALE: Summary of Discussion at the February 27, 2013, Finance and Audit Committee Meeting and Additional Amendments:
The Finance and Audit Committee reviewed and considered several amendments to Board Policy 180A on February 27, 2013. The Committee unanimously rejected the amendment to Section III.C.S. to limit the number of Directors who could attend a conference. This amendment has been stricken from the attached policy document. There was a lengthy discussion regarding the three mileage options provided in the report and whether or not it was appropriate to reimburse mileage expenses to attend Board meetings. A fourth option was introduced which would allow mileage reimbursement for all meetings except for the two regular Board meetings per month that each Director is required to attend . In addition, a legal concern was raised with regard to the Portal to Portal Act and whether Directors' status as W-2 employees would entitle them to receive mileage reimbursement given that most employees do not receive reimbursement for the time it takes to commute to work . It was requested that the General Counsel review the Po rtal to Portal Act with respect to the 165
Report No. 13-071 Page 2 of 4 legality of the mileage issue and render an opinion. The General Counsel's opinion is provided in Attachment 3 to this report, which, in short, provides that elected officials are not employees under the Fair Labor Standards Act (FLSA) or the related Portal to Portal Pay Act, which amended the FLSA. Additional Amendments
Section B.7.(c) was amended to remove the provision for the reimbursement of rental car expenses for in-state travel. If a vehicle is needed for in-state travel, a District non-revenue vehicle may be used in lieu of renting a car (subject to Administrative Regulation 422A- Vehicle Use Procedures). Content of Original Report to the Finance and Audit Committee on February 27, 2013:
This report outlines the proposed amendments to Board Policy 180A. The majority of the amendments are submitted for consideration in order to better align Board Policy 180A with Board Policy 180B (the employee travel policy), which recently underwent a major revision. Amendments provided herein regarding out-of-state travel and mileage were specifically requested by members of the Board. Outlined below is a summary of the major changes. Section Ill- Travel Authorization and Approval
Section C.l. was amended to provide clarification. Section C.S. was added at the request of the Board President who recently expressed a desire to limit the number of Directors who could attend an out-of-state conference to three Directors. The amendment provides that attendance at conferences shall rotate amongst the Board members with participation at the American Public Transportation Association Legislative Conference being determined by the Board President. Section C.8. was amended to close a loophole in the policy with regard to guests. Section IV- Travel and Meeting Reimbursable Expenses
Section A.2. was amended to include reimbursement for "Resort Fees" when such fees are mandatory. In unusual situations where the fee is optional, the Director or Officer will be responsible for paying the fee. A resort fee is a mandatory (usually) nightly surcharge imposed by hotels, nominally to cover the cost of certain amenities such as internet access, fitness center usage, parking, and a daily newspaper. Section B.4. was amended to allow reimbursement for reasonable baggage fees based on the length of the trip. This section was also amended to disallow reimbursement for seat selection fees and early-bird check-in fees which are based on a preference as well as in-flight food and beverages. None ofthe expenses are currently addressed in the policy. Section B.7.(c) was amended to provide more specificity with regard to the use of rental cars. The use of a rental car will only be allowed when written justification has been provided in advance showing that the fees are more cost effective than another mode of travel. For instate travel, the request must be approved in advance of the travel by the Board President. For 166
Report No. 13-071 Page 3 of 4 out-of-state travel, approval must be obtained as part of the travel authorization submitted to the Board. Section C.l. was amended to make clarifications as to where per diem information can be obtained (Internal Revenue Service and U.S. General Services Administration). In addition, new limitations have been placed on the amount of per diem that can be received on the first and last days of travel, which is generally 75% of the daily per diem rate. Section C.7. was amended to clarify that reimbursement for incidental expenses over and above what is covered as part ofthe per diem rate are not allowed. Section F- Board of Directors and Board Officers Meeting Expenses
The subject of whether to allow mileage reimbursement for Director's attendance at Board meetings has often been debated with respect to Board Policy 180A. Some Directors have argued against allowing mileage on the basis that Directors were elected to represent a constituency and that mileage should not be reimbursed for attending required meetings. To the contrary, Director Davis has made the argument that due to the size of the District, mileage should be allowed because the Directors serving the outer boundaries of the District must travel to meetings in Oakland and incur expenses for traveling that are far greater than those Directors living in Oakland and the surrounding communities. Three mileage options are provided in the attachment and are briefly summarized as follows: Directors may seek reimbursement for public transportation or mileage to all meetings and Board meetings within the District and elsewhere.
OPTION 1:
OPTION 2: Directors of Ward 1 (Contra Costa portion), Ward 4 and Ward 5 and any At-Large
Director living in these areas may seek reimbursement for public transportation expenses or mileage to all meetings and Board meetings at the District's General Offices. OPTION 3: Directors of Ward 1 (Contra Costa portion), Ward 4 and Ward 5 and any At-Large
Director living in these areas may seek reimbursement for mileage to all meetings at the General Offices only when the miles traveled exceed 40 miles round trip. Of the three elected transportation Boards in the country, which include BART and Denver Regional Transportation District, AC Transit is the only one that does not reimburse its Directors for mileage related to attendance at Board meetings. In addition, members of the AC Transit Board of Directors are elected officials and should be entitled to receive reimbursement for mileage to attend meetings at the General Offices or elsewhere within the District. Finally, Transit District Law (Public Utilities Code Section 24908(e) provides that, "In addition to the compensation otherwise provided in this section (monthly stipend), each Director may be allowed necessary traveling and personal expenses incurred solely as a result of the performance of his or her duties, in amounts as may be authorized by the Board." Reimbursement for travel to Board meetings falls within the scope of "performance of official duties." In addition to the aforementioned amendments, the policy contains minor grammatical amendments throughout.
167
Report No. 13-071 Page 4 of4
ADVANTAGES/DISADVANTAGES: This report does not recommend a course of action with notable advantages or disadvantages. The amendments contained herein demonstrate efforts to utilize taxpayer dollars in an accountable and transparent manner. In addition, the amendments attempt to provide uniformity between the travel policy for Directors and Board Officers and the administrative regulation governing employee travel. ALTERNATIVES ANALYSIS: There are no practical alternatives to many of the amendments discussed in the report; however, the Finance and Audit Committee can opt to request further amendments to the policy, which would be forwarded to the Board of Directors for consideration at the next meeting. PRIOR RELEVANT BOARD ACTIONS/POLICIES: Board Policy 180A is amended annually and from time to time as necessary. ATTACHMENTS: 1:
Board Policy 180A with Amendments
2:
Meals and Incidental Expenses Breakdown
3:
General Counsel's Opinion Re: Board Member Employee Status Inquiry
Reviewed by:
David J. Armijo, General Manager Kenneth C. Scheidig, Interim General Counsel Lewis Clinton, Chief Financial Officer
168
SR 13-071~----- · · · { Forma Attachment 1
AC Transit
POLICY NO. 180A
BOARD POLICY Category: Board & General Administrative Matters TRAVEL, MEETING AND MISCELLANEOUS EXPENSE REIMBURSEMENTS FOR DIRECTORS AND OFFICERS I.
PURPOSE The purpose of this policy is to establish procedures relative to travel, meeting and miscellaneous expenses incurred by the members of the Board of Directors and Officers of AC Transit District in the performance of their duties; to define authorizations required to incur such expenses; to ensure uniform and fair payment of expenses; and to establish procedures for securing reimbursement. The General Manager shall prepare and implement a separate administrative regulation establishing appropriate travel and meeting expense reimbursement guidelines for employees of the District.
II.
DEFINITIONS 4-:&__"Directors" shall mean the members of the Board of Directors of AC Transit District.+-::::_----{ Forma
--~B .
"Officers" shall mean those enumerated in Public Utilities Code Sections 24926 and+-..._ ··<::_-_- Form~ 24930, namely, the General Manager, General Counsel, and District Secretary. · Forma
~Q_,__"District
Business" shall mean activities that are directly related to the necessary and+-'>·-- ~ required functions of the District. ···... ~
'·f Forma
4:-~"Conference"
shall mean conferences or committee meetings of the American PubliC+<.:..... _ Transportation Association (APTA), the Conference of Minority Transportation Officials ·._ -. (COMTO), the Transportation Research Board (TRB), and other transit-related conferences or meetings, in addition to conferences or meetings that are directly related to the duties of an Officer and such other meetings, seminars or gatherings as authorized by the Board.
&.-L_"Board Meeting" shall mean any official meeting of the AC Transit Board of Directors,....::--·--· or any committee meeting of the Board of Directors. --9,-E..__"Meeting" shall mean any meeting other than a "Board Meeting" as defined above,+-:::-- ---{ Forma including business meetings or travel related to an investigation of a product or a process ·-----f'F== the District is acquiring or interested in acquiring. ~ +,.§.__"Personal Business" shall mean the conduct of business for personal financial gain at+-::: .. --·. a conference or meeting which is not specifically related to District business.
Page 1 of 10
Adopted: 10/89 Amended: 11/89; 3/93; 6/94. 8/95, 5/97,4/98, 6/99,7/99. 9/99, 3/00, 7/01' 3/02, 2/07, 12/07, 1/08; 2/09. 12/09. 7/10, 3/12, 8/12
Mileage Amended:
169
1/96. 1/98,4/99, 1/01.2/02, 5/05
&.-!i..___"Political Function" shall include any activity that is held for the purpose of supporting or opposing, or raising money to support or oppose, any candidate, ballot measure, or political party. ~1. _
"Incidental Expense" shall be any fee or tip given to porters, baggage carriers, bellhops, hotel maids, or taxi cab drivers.
4-0:-L"Written Justification" shall mean an explanation of an expense provided in electronic mail, fax, digital or hand written formats that provides a record.
Ill.
TRAVEL AUTHORIZATION AND APPROVAL A.
OUT-OF-STATE TRAVEL All out-of-state travel for Directors and Officers to attend a conference or a meeting related to District business and at District expense, subject to the limitations in this policy, shall be approved by action of the Board of Directors prior to incurring expenses. In unusual or emergency circumstances, if prior Board approval is not possible, the Board President may approve out-of-state travel for Directors and Officers. In such emergency situations, the travel authorization shall be presented to the Board of Directors for ratification at its next scheduled Board meeting.
B.
C.
IN-STATE TRAVEL 1.
Each Director is authorized to travel at District expense within the state when in his/her judgment, such travel is required in connection with a conference or meeting related to District business and at District expense, subject to the limitations in this policy. Directors shall notify other Directors and the Officers of their planned attendance prior to such attendance at any meeting or conference located outside the nine-county Bay Area, which includes the counties of Alameda, Contra Costa, San Francisco, San Mateo, Marin, Napa, Santa Clara, Solano and Sonoma.
2.
Each Officer is authorized to travel within the state when in his/her judgment such travel is required in connection with a conference or meeting related to District business and at District expense, subject to the limitations in this policy. Notification to the Board of Directors of travel and absences from the area shall be in accordance with separate Board Policy relating to leave for Board-Appointed Officers.
LIMITATIONS 1.
Reimbursement for travel and meetings expenses shall be limited to $9,000 per Director per fiscal year. A Director may not use any funds remaining from his/her travel allocation in one fiscal year to pay for travel in the next fiscal year. This limitation shall not be applicable to payment suoh as prepayment of conference registrations, airfare or hotel costs in an existing fiscal year for travel that travel occurs, or is scheduled to occur in the next fiscal year.
2.
The Board President, unless unavailable, shall be the Board's primary representative with staff in advocacy activities that are official in nature. If
Page 2 of 10
Adopted : 10/89 Amended: 11/89: 3/93: 6/94, 8/95, 5/97,4/98, 6/99,7/99, 9/99, 3/00, 7/01 I 3/02, 2/07, 12/07, 1/08; 2/09, 12/09, 7/10. 3/12. 8/12
Mileage Amended :
170
1/96, 1/98, 4/99, 1/011 2/02. 5/05
the Board President is not available, he/she may designate another Director to represent the Board . Any Director, while traveling on District business to a conference or meeting, may advocate on the District's behalf informally if an opportunity arises provided he/she has communicated their interest to do so with staff in advance.
D.
3.
Board President: In addition to the limitation in Subsection 1, above, the President of the Board of Directors shall be entitled to an additional $2,000 expense reimbursement during the first half of the fiscal year and $2,000 being available during the second half of the fiscal year. Since the Board President is elected in January of each year, this split provides for an equitable distribution of the additional sums for this position.
4.
Adjustments in Authorizations: The amounts listed in Subsection 1 above shall be automatically adjusted (on a prorated basis) in any given year if inadequate or additional budget appropriations are authorized by the Board.
5.
Officers: Travel and meeting expenditures by Officers shall not exceed+·--··---{ Forma approved budget appropriations and associated fiscal policies established therewith.
6.
Personal Business: The District shall not be responsible for any travel associated with personal business. If a Director or Officer attends a conference or meeting for which reimbursement is claimed that also includes personal business, the Director or Officer shall only seek reimbursement for the expenses associated with the conduct of District business. The Director or Officer shall disclose, prior to the approval of the travel, when required by this policy, ef-the dual nature of any travel and the portion undertaken on behalf of the District.
7.
Guests: Regardless of Director or Officer attendance at a conference or meeting, eexpenses incurred by for family or guests traveling with Directors or Officers shall not be incurred. nor reimbursed by the District.
TRAVEL REPORTS Directors shall provide, not later than the next Board meeting following return from a trip, a brief oral or written summary of his/her activities and/or information learned during the trip. Attachments and/or other substantive materials from the trip are encouraged, but not required . The District Secretary shall coordinate distribution of such memorandum(a) to Directors, Officers and such other staff as the General Manager may designate, but shall not be responsible for the preparation of such memorandum( a).
IV.
TRAVEL AND MEETING REIMBURSABLE EXPENSES A.
ACCOMMODATIONS: 1.
Page 3 of 10
No reimbursement is authorized for overnight accommodations in the counties of Alameda, Contra Costa, San Francisco, or San Mateo. A
Adopted: 10/89 Amended : 11/89: 3/93: 6/94. 8/95. 5/97.4/98. 6/99.7/99,
9199.3/00, 7/01, 3/02,2/07, 12/07. 1/08:2/09, 12/09, 7/10, 3/12. 8/12 Mileage Amended:
171
1/96. 1/98. 4/99, 1/01.2/02. 5/05
Director or Officer may receive reimbursement for overnight accommodations in the counties of Marin, Napa, Santa Clara, Solano and Sonoma, if prior Board approval is obtained. The Board may authorize a waiver of this provision if exceptional circumstances can be documented to justify its waiver. 2.
B.
Reimbursement for hotel or motel lodging expenses, including resort fees (when such fees are mandatory) and applicable taxes, will be on the basis of actual expenditure but shall not exceed the standard room rates at official conference hotels for single occupancy. Reimbursement for hotel and motel lodging expenses shall cover the days of travel (to and from the conference or meeting) as well as the days of the conference or meeting. No reimbursement shall be paid for additional days of stay to conduct personal business. Directors and Officers shall be responsible for any amount in excess of the standard room rate for official conferences. In such instances where lodging is required for a meeting, every effort shall be made to choose the lowest cost lodging alternative.
TRANSPORTATION 1.
Travel up to 150 miles one-way may be by private automobile. Reimbursement shall be at the rates prescribed by the Internal Revenue Service. Reimbursement for modified vehicles for disabled individuals shall be reimbursed at the rate authorized by the State of California Department of Rehabilitation.
2.
When actual mileage exceeds by 10% the reasonable distance between points, the Director or Officer must justify such excess, otherwise reimbursement will be made only on the most direct route.
3.
Travel to destinations over 150 miles one-way will be paid at mileage or airfare cost, but in no event shall the reimbursement exceed the value of coach airfare and related surface travel authorized in subsection 4, below. All efforts should be made to obtain the lowest available fare by making reservations well in advance of departure.
4.
Airfare and reasonable baggage fees based on the length of the trip for Airline travel, both foreign and domestic flights, shall be reimbursed based on the value of the applicable round trip coach airfare to the proposed destination. All efforts should be made to obtain the lowest available fare by making reservations well in advance of departure. The District shall not reimburse Directors or Officers for seat selection fees , "early-bird" check-in fees. or in-flight food or beverages. No District funds shall be expended on airfare for guests. If, for personal business, a Director or Officer books a multi-city flight (e.g.: ::::::::! :orma triangle fare, etc.), the District shall only reimburse the difference between orma the cost of a direct flight, not excluding layovers, from the Bay Area to the proposed destination where the District business will take place. A reasonable quote shall be provided to the District Secretary in advance as
Page 4 of 10
Adopted: 10/89 Amended: 11/89; 3/93; 6/94, 8/95, 5/97.4/98, 6/99,7/99. 9/99, 3/00, 7/01 I 3/02, 2/07, 12/07, 1/08; 2/09, 12/09. 7/10, 3/12, 8/12 Mileage Amended:
172
1/96, 1/98, 4/99, 1/01 I 2/02, 5/05
evidence of the estimated cost of the portion of the travel related to District business. If combining personal and District business air travel on one itinerary, Directors and Officers shall book their own flights and request reimbursement from the District as to the business portion of the flight upon return from the trip and submission of a claim for reimbursement. No District funds shall be expended on personal airfare. Under exceptional circumstances (e.g . a last minute approval for the travel, a documented medical condition, etc.) the Board may authorize reimbursable air line travel by business class (or its equivalent). Nothing in this subsection shall prohibit a Director or Officer from using his/her accumulated air miles, including those acquired in accordance with subsection IV.B.6. to upgrade to a better passenger class, but reimbursement shall be based on the applicable coach airfare. 5.
If transportation is provided as part of the registration fee for a conference, reimbursement may not be sought if the Director or Officer prefers another mode of transportation unless it is public transportation .
6. __Other Transportation Costs: The following expenses shall be authorized when such services are the lowest available cost given the circumstances of the travel : (a)
Travel to and from airports, including private automobile mileage, taxis, airport shuttles or buses. Public transportation shall be the preferable method of travel, whenever feasible or when other more cost effective transportation is not available.
(b)
Storage, parking, toll and baggage handling charges when such charges are reasonable and necessary.
(c)
f._l:l_t9.~~~j[~J~f)~~L~~P.~f)~~~ ..~-~-~1_1__~9.f)!Y._ be ~-l:l~-~.9Xl?.E?.~.. JDJh~~~---------- { Forma
unusual situations where a-written justification explanation .showing --- ------{ Forma that the rental fees are the most cost effective means of travel has been provided in advance of the trip.. For out of state travel, approval__ __..----{ Forma is to be obtained as part of the travel authorization submitted to the Board . There shall be no reimbursement for in-state automobile rental expenses. J=or in state travel. approval shall be obtained from ______ __ Forma the Board President in advance of the trip . j ~.. P.f.~.~-~10'!~~~ --~!·j~-~Jh~_ : ........ expense reimbursement claim showing that the rental fees are the Forma most cost effective means of travel -. ..................................................... _..------ { Forma
7.
C.
Frequent Flier Miles: If a Director or Officer purchases airline tickets (and then directly requests reimbursement from the District), or the tickets are purchased directly by the District, the Director or Officer may retain frequent flyer miles for which he/she may be eligible. Any frequent flyer miles paid for or reimbursed by the District should, whenever possible, be used for air travel on District business.
MEALS:
Page 5 of 10
Adopted: 10/89 Amended: 11/89; 3/93; 6/94. 8/95, 5/97.4/98, 6/99,7/99. 9/99, 3/00, 7/01' 3/02, 2/07, 12/07, 1/08; 2/09. 12/09. 7/10, 3/12. 8/12 Mileage Amended:
173
1/96, 1/98, 4/99, 1/01, 2/02 . 5/05
1.
The District's maximum full day meal and incidental expenses rate shall be equal to the maximum federal per diem and incidental expenses rate established by the Internal Revenue Service (IRS) and the U.S. General Services Administration (GSA) for travel within the continental United States (CONUS) , outside the continental United States (OCONUS) , and foreign rates as published by the United States Government, or $50 per day if the rate is unpublished. Per diem rates can be found at www.gsa.gov/perdiem. Per diem for the first and last day of actual travel to and from a conference or meeting will be based on the Meals and Incidental Expenses (M&IE) Breakdown published on the GSA website at the rate published for the First and Last Day of Travel for the corresponding M&IE total. Per Diem will be allowed in full only when:
I
(a)
the conference is located beyond the nine Bay Area counties (Alameda, Contra Costa, Marin, Napa, Santa Clara, San Francisco, San Mateo, Solano or Sonoma),
~
for the days of actual travel to and from the conference or meeting using the most direct route and expeditious means of transportation, depending on the location of the conference or meeting,
(Gt_ _ _ _ _ _ _. o. :(b:. .<.)__while in attendance at the conference or meeting , and
+.::······ Forma
··...
I
(4~)
when conference fees do not include meals.
stops: ··..{ Forma
2.
If a conference fee includes some, but not all meals, or if an attendee must forego some or all of the provided meal(s) for health or business reasons, reimbursement shall be based on the M&IE Meals and Incidental Expenses Breakdown as published on the GSA'sU.S. General Services Administration (GSA) website. If a conference attendee forgoes a meal for health or business reasons, an explanation for the separate meal purchase(s) must accompany the claim for reimbursement along with a receipt for the meal(s). Reimbursement shall be based on the overall meal and incidental expense total for the city the conference or meeting takes place and shall not exceed established rates.
3.
Expenses for conference or meeting luncheons, special banquets , or other+ -------- { Forma set-price official affairs which exceed the aforementioned GSA limitation, will be reimbursed on the basis of actual expenditure upon presentation of documentation of the set price. Any meal(s) subject to this provision shall be deducted from the total per diem amount based on the M&IE value of the meal,
4.
Meal expenses, not related to out-of-town conferences, meetings or Board meetings, shall only be reimbursed when such expense is related to official District business and the individual is precluded from taking meals at home or in the customary manner. Receipts are required for all such expenditures and shall be itemized on an individual basis stating the purpose and expense.
Page 6 of 10
Adopted: 10/89 Amended: 11/89; 3/93; 6/94, 8/95, 5/97,4/98, 6/99.7/99, 9/99, 3/00, 7/01 , 3/02, 2/07, 12/07, 1/08; 2/09, 12/09, 7/10, 3/12, 8/12 Mileage Amended: 174
1/96, 1/98, 4/99, 1/01, 2/02 , 5/05
5.
Reimbursement for meal expenses shall be limited to those meals taken by Officers or Directors; except for reimbursement to Officers or Directors meal expenses for non-district personnel shall be permitted when the claim for reimbursement identifies who is included in such District business meeting and the nature of the District business. "Non-district personnel" as used in this section shall include any individuals that are not covered under the definition of "Director" or "Officer" in this policy or under the definition of "Employees" in the District's Travel and Meeting Expense Reimbursement Administrative Regulation No. 180B.
D.
E.
6.
Reimbursement for alcoholic beverages as part of meal expenses shall not be permitted unless said expense is part of a fixed-price conference or meeting event and separation of such expense from the total cost is not possible.
7.
No rReimbursement for incidental expensesshall be provided for incidental expenses beyond what is already included in the IRS per diem rate.-is included in the IRS per diem rate and shall not be reimbursed .
OTHER:
1.
Registration: Registration fees for conferences or meetings will be paid at actual cost. Official literature indicating the cost of registration and conference or meeting dates must accompany the request for approval of travel as required by this Policy.
2.
Telephone: Reimbursement for District business related telephone leU charges and facsimile toll charges-is are permitted under this Policy. Any telephone or facsimile charges in excess of $5.00 per day shall be itemized to include to whom the call is made or facsimile is sent and the nature/need for the call or facsimile.
DISABLED PERSON'S ATTENDANT:
Disabled Directors or Officers requiring the services of an attendant while traveling on District Business may be reimbursed for expenses of the attendant as provided herein. 1.
The cost of personal services of an attendant may be reimbursed in an amount not to exceed $65 per day without prior Board approval. All reimbursement shall be made directly to the Director or Officer requiring said service.
2.
Disabled individuals who require the services of an attendant may be reimbursed for actual hotel or motel lodging expenses for the attendant, but this expenditure shall not exceed the standard room rates for official conference hotels for double occupancy.
Page 7 of 10
Adopted : 10/89 Amended: 11/89: 3/93; 6/94, 8/95, 5/97,4/98, 6/99.7/99. 9/99, 3/00, 7/01' 3/02, 2/07, 12/07, 1/08; 2/09, 12/09, 7/10, 3/12, 8/12 Mileage Amended: 175
1/96, 1/98, 4/99, 1/01' 2/02. 5/05
F.
3.
Subject to the provisions of Section IV. C., above, a personal attendant for a disabled individual shall be entitled to receive per diem for meals.
4.
Expenses reimbursed under this provision shall not apply to annual expense authorization limits established in Section III.B.
BOARD OF DIRECTORS AND BOARD OFFICERS MEETING EXPENSES: .Directors: (OPTIONS 1-3, In Lieu of Section 1J -------------------------------------------<:·····{ Forma
~------------------------1·:·--------~~~~-~u~~~~:~-t!t~~7;-th:-~~~~~c~~\~~~~~~~~:r~~~~~~:--~:~t~:i~~!i~~sd·----~~::::l ::::: calculated on the round-trip actual mileage between two points. When actual mileage exceeds by 10% or more the reasonable distance between two points, the director or officer must justify such excess. The inability to do so will result in the reimbursement being made only on the most direct route. OPTION 1: Directors: Directors may seek reimbursement for public transportation or mileage to all meetings and Board meetings within the District and elsewhere. (Section 2 would not be needed) OPTION 2: Directors: Directors of Ward 1 (Contra Costa+- ·------portion), Ward 4 and Ward 5 and any At-Large Director residing in one of these areas may seek reimbursement for public transportation expenses or mileage to all meetings and Board meetings at the District's General Offices. (Section 2 would be needed) OPTION 3: Directors: Directors of Ward 1 (Contra Costa portion), Ward 4 and Ward 5 and any At-Large Director residing in one of these areas may seek reimbursement for mileage to all meetings at the General Offices only when the miles traveled exceed 40 miles round trip. (Section 2 would not be needed) OPTION 4: Directors: Directors may seek reimbursement for mileage to attend all meetings except for the two regular Board meetings per month that each Director is required attend regardless of the location of the meeting . (Section 2 would not be needed) 2.
Directors: Directors may seek reimbursement for public transportation and mileage expenses for all meetings at sites other than the District's General Offices.
3.
Board Officers: For meetings and Board meetings at sites other than the General Offices and elsewhere, outside of the District, Board Officers may seek reimbursement for mileage or public transportation expenses. wiU-9e reimbursed at the Internal Revenue Service rate and calculated on the round trip actual mileage between two points. When actual mileage ex-ceeds by 10% or more the reasonable distance bet\veen t\vo points, the director or officer must justify such ex-cess. The inability to do so will result in the reimbursement being made only on the most direct route.
4.
All claims for mileage reimbursement will be at the Internal Revenue Service+----·--·{ Forma rate and calculated on the round-trip actual mileage between two points.
Page 8 of 10
Adopted : 10/89 Amended: 11/89; 3/93; 6/94. 8/95. 5/97,4/98, 6/99,7/99. 9/99, 3/00, 7/01, 3/02,2/07, 12/07. 1/08; 2/09. 12/09, 7/10, 3/12, 8/12 Mileage Amended : 176
1/96, 1/98, 4/99, 1/01' 2/02, 5/05
When actual mileage exceeds by 10% or more the reasonable distance between two points, the Director or Officer must justify such excess. The inability to do so will result in the reimbursement being made only on the most direct route. (Include if Sections 1 and 3 are changed)
G.
V.
RESTRICTIONS: 1.
If, for personal convenience, a Director or Officer uses an indirect route to travel or travels by a direct route that is interrupted, except for reasons beyond the control of the individual, any resulting additional expense will be borne by the claimant.
2.
If travel is for multiple purposes, e.g., District business and personal business, only the prorated or lowest amounts for expenses incurred in the travel related to the District's business will be paid by the District.
3.
Reimbursement of costs or travel expenses incurred while attending a political function shall not be authorized.
4.
No District credit cards shall be issued to any Director. Board Officers may be issued a District credit card for use consistent with expenses otherwise reimbursable in accordance with this policy and subject to the provisions of the Administrative Regulation regarding the use of AC Transit Corporate Purchase Card, except to the extent that those regulations conflict with the provisions of Board Policy No. 180A.
MISCELLANEOUS EXPENSES A.
NON CAPITAL MISCELLANEOUS EXPENSES Directors are authorized to submit claims for miscellaneous expenses when said expenses are incurred in connection with District business. Examples of miscellaneous expenses include... but are not limited to:
B.
1.
Memberships, dues or subscriptions to professional or transit organizations or publications which enhance the Directors' ability to perform official business.
2.
Office supplies or postage related to and required for the conduct of District business, e.g. envelopes, stamps, paper, etc., shall be ordered through the District Secretary. Any single item priced at $50 or more shall be preapproved by the Board President upon receipt of written justification.
3.
Telephone charges incurred as part of the conduct of District business.
MISCELLANEOUS CAPITAL EXPENSES The District shall provide capital equipment, such as a facsimile machine, a cellular phone, tablet device or similar electronic communication equipment, to each Director
Page 9 of 10
Adopted: 10/89 Amended: 11/89; 3/93; 6/94, 8/95, 5/97.4/98, 6/99,7/99, 9/99,3/00, 7/01, 3/02,2/07, 12/07, 1/08; 2/09, 12/09, 7/10, 3/12, 8/12 Mileage Amended:
177
1/96, 1/98,4/99, 1/01,2/02,5/05
upon acknowledgment by the Director of the waiver of privacy regarding records of the use of said equipment, as provided in Section Vll.1 ., and subject to Board Policies and Administrative Regulations governing said devices. The cost for these capital items, including any monthly charge, shall be charged against the funds allocated to each Director under Section III.C. These capital items are to be used primarily for District business. Each Director shall pay the expenses associated with that Director's personal use of the equipment. Except as specifically provided in this subsection, a Director may not use his/her Section III.C. allocation for any other capital expenses or equipment, nor shall the District provide, a Director with any capital items not specifically authorized by this subsection unless authorized by the Board President. Capital equipment shall remain the property of the District and shall be returned to the District upon separation unless in the opinion of the General Manager the property is of little or no value to the District.
C.
LIMITATIONS Expenses incurred relating to Section V .A.1. shall be included in the limitation computations established in Section III.C.
VI.
REIMBURSEMENT 1.
An advance for per diem, in an amount representing estimated expenses, may be secured upon application to the General Manager or his/her designee. Accounting of advances shall be done on the same form and at the same time as required for rendering claims for reimbursements. In the event an expense claim reimbursement covering a cash advance is not submitted in the time set forth in the following section, the full advance shall be deducted from subsequent compensation payments to said Director or Officer.
2.
All claims for reimbursement from Directors or Officers shall be prepared on a District Expense Report form and shall be presented for payment monthly or upon completion of a trip, but in no event later than two months following the month in which the expense was incurred. If expenses and required receipts are not submitted on or before the expiration of this time period , the Director or Officer shall not be entitled to any reimbursement of those expenses. Expense claims for expenses incurred near the end of the fiscal year shall be submitted for reimbursement no later than thirty (30) days following the close of the fiscal year.
3.
All claims for reimbursement shall inc.lude an itemization of expenses, provide a brief explanation of the purpose of the conference or meeting and shall include original receipts or vouchers for all expenses incurred. with the exception of per diem unless otherwise requ ired by this policy. includ ing transportation, lodging, meals (where the per diem option is not used), etc. Documentation, such as a charge statement or airline boarding passes, which do not provide details of such expenditures, will be deemed inadequate for purposes of reimbursement. If a receipt cannot be obtained or has been lost, a statement to that effect shall be made on the expense report form and the reason given. In the absence of an explanation satisfactory to the applicable approving authority, the amount involved shall not be allowed.
4.
All claims for reimbursement shall include a statement, signed by the individual submitting the request for reimbursement, that the expenses are actual expenses
Page 10 of 10
Adopted: 10/89 Amended: 11/89; 3/93; 6/94, 8/95, 5/97.4/98. 6/99.7/99. 9/99, 3/00, 7/011 3/02, 2/07, 12/07, 1/08; 2/09, 12/09. 7/10. 3/12, 8/12 Mileage Amended: 178
1/96, 1/98, 4/99, 1/01' 2/02, 5/05
incurred while on District business and that the expenses conform to the District's policy on travel, meeting and miscellaneous expenses.
VII.
5.
Directors shall submit their District Expense Reports to the General Manager, or his/her designee, for review and determination that: (1) the claims for reimbursement are in accordance with this policy document; and (2) the necessary budgetary funds are available for disbursement.
6.
The Board Officers shall submit their expense reports (including monthly statements for the District Credit Card) to the Board President, or Vice President in his/her absence, for review and determination that: (1) the claims for reimbursement are in accordance with this policy document; and (2) the necessary budgetary funds are available for disbursement.
7.
Any disputes resulting from the aforementioned reviews outlined in Sections V1.5 and Vl.6 shall be forwarded to the Finance and Audit Committee for review and recommendation to the Board of Directors. The Board's determination shall be final.
REVIEW OF EXPENDITURES AND AMENDMENTS OF POLICY
1.
On a quarterly basis, an itemized summary of year-to-date travel, meeting and miscellaneous expenses for Directors and Officers, reimbursed pursuant to this policy, shall be submitted to the Board of Directors for review. However, said report shall not include expenses related to meetings of the Board of Directors as a whole or their Standing Committees. As part of the review of the quarterly reports, the Board shall monitor the types of District business necessitating business expense reimbursement, may seek clarification to the nature of any given business expenses, and may establish restrictions to future authorized expenses.
2.
The Board of Directors, the General Manager, or their designees, may request and shall be entitled to receive any usage records, however, denominated, e.g. phone bills, facsimile usage records or otherwise, associated with equipment provided by the District to a Director for use in conjunction with the business of the District. A Director who receives capital equipment provided by the District for District business recognizes, and by receiving that equipment agrees, that he/she has no expectation of privacy regarding the usage records associated with said equipment. Questions arising pertaining to interpretation of this policy shall be submitted, after legal review, to the Finance and Audit Committee for review and recommendation to the Board of Directions and then to the Board of Directors for final determination.
Page 11 of 10
Adopted: 10/89 Amended: 11/89; 3/93; 6/94,8/95, 5/97,4/98,6/99,7/99, 9/99, 3/00, 7/01' 3/02, 2/07, 12/07, 1108; 2/09, 12/09, 7/10, 3/12, 8/12 Mileage Amended: 179
1/96, 1/98, 4/99, 1/01' 2/02, 5/05
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Meals and Incidental Expenses ( M&IE) Breakdown
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Meals and Incidental Expenses ( M&IE) Breakdown
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The following table is provided for federal employees who need to deduct provided meals from their daily meals and incidental expense (M&IE) allowance. Refer to Section 301-11.18 of the Federal Travel Regulation for specific guidance on deducting these amounts from your per diem reimbursement claims for meals furnished to you by the government. Other organizations may have different rules that apply for their employees; please check with your organization for more assistance.
1 F
M&IE Breakdown Factors Influencing Lodging Rates Fire Safe Hotels Per Diem Rates Per Diem Mobile Blackberry File Download
The table lists the six M&IE tiers in the lower 48 continental United States (currently ranging from $46 to $71 ). If you need to deduct a meal amount, first determine the location where you will be working while on official travel. You can look up the location-specific information at www.gsa.gov/perdiem. The M&IE rate for your location will be one of the six tiers listed on this table. Find the corresponding amount on the first line of the table (M&IE Total) and then look below for each specific meal deduction amount. The table also lists the portion of the M&IE rate that is provided for incidental expenses (currently $5 for all tiers), as well as the amount federal employees receive for the first and last calendar day or travel. The first and last calendar day of travel is calculated at 75 percent. M&IE Total
$46
$51
$56
$61
$66
$71
$7
$8
$9
$10
$11
$12
Lunch
$11
$12
$13
$15
$16
$18
Dinner
$23
$26
$29
$31
$34
$36
Incidentals
$5
$5
$5
$5
$5
$5
First & Last Day of
$34.50
$38.25
$42
$45.75
$49.50
$53 .25
Continental
RE
l F
GC F
Breakfast/ Breakfast
Travel
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181
2/15/2013
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SR 13-071a Attachment 3 Kenneth C. Scheidig, Interim General Counsel Alameda-Contra Costa Transit District
OPINION To:
Linda Nemeroff, Board Secretary
From: David A. Wolf, Attorne~ ~ 1 Via Kenneth C. Scheidig, Interim General Cou~? Date: March 20, 2013 Re:
Board Member Employee Status Inquiry
QUESTION Are elected officials "employees" for purposes ofthe federal Fair Labor Standards Act (FLSA) of 1938 and related Portal to Portal Pay Act of 1947? ANSWER No. Elected officials are not employees under the FLSA or the related Portal to Portal Pay Act, which amended the FLSA. APPLICABLE LAW The FLSA and Portal to· Portal Pay Act are Interrelated federal wage and hour laws found in the . United States Code and have been applied to the employees of public agencies.1 The FLSA at 29 U.S.C. § 203(e)(2)(C)(ii) excludes from the definition of "employee" one who holds a "public elective office of [the] State, political subdivision, or agency." DISCUSSION A. Federal Wage and Hour Law On February 27, 2013, during the open session discussion of options under subsection IV.F. of Board Policy No.180 to permit travel expense reimbursement for members of the District Board of Directors for attendance at Board meetings, the question was posed whether members of the
1
Garcia v. San Antonio Metro. Transit Auth. (1985) 469 U.S. 528 (U.S. Supreme Court concluded transit authority is subject to FLSA).
1600 Franklin Street- Oakland, CA 94612- TEL (510) 891-4827- FAX (510)891-4724- www.actranslt.org
183
GCOpinion Board Member Employee Status Inquiry March 20, 2013 Page2
Board of Directors are District employees for purposes of the FlSA, and more specifically the Portal to Portal Pay Act. With exceptions not relevant here, the Portal to Portal Pay Act pf 1947 made clear that the FLSA of 1938 did not require employers to pay employees for their commute to and from their primary place of work. Under the Portal to Portal Pay Act, at 29 U.S.C. §254(a)(l), "traveling to and from the actual place of performance of the principal activity or activities which [an] employee Is employed to perform" is not compensable. In other words one does not get paid for such time and it is not used to make minimum wage or overtime calculations. On the other hand, under 29 U.S.C. §254(b) ofthe Portal to Portal Pay Act, an express or implied contract, custom, or practice of paying for such travel to and from work makes the travel compensable for compliance and enforcement purposes. Nothing in the FlSA or Portal to Portal Pay Act prevents an employer from paying for its employees' regular commute to and from work; however, so-called "compensated commutes" are not the norm. The Portal to Portal Pay Act, however, is not applicable to members of the District's Board of Directors as they are not "employees" for purposes of these federal wage and hour laws. (See 29 U.S.C. §203(e), supra.) B. California Public Utilities Code
Reimbursement of Directors for their "necessary traveling and personal expenses," e.g., transit fare or mileage and parking, is expressly authorized by Transit District law (California Public Utilities Code §24908(e)). Such reimbursement is subject to authorization by the District Board.
c. Taxlaw For tax purposes under the Internal Revenue Code (IRC), an entirely different federal statute, members ofthe District Board are treated as employees. IRC §3401(c) "defines the term 'employee' as including an officer, employee or elected official of the United States, a State or any oolitica/ subdivision thereof." (Emphasis supplied.) CONCLUSION
District Board Members may be included in the definition of "employee" under one law and excluded entirely from another. Because one is treated as an employee under one law may have no bearing at all on one's status under another.
184
GCOpinion Board Member Employee Status Inquiry March 20, 2013 Page3
District Board Members are excluded from the definition of "employee" under the FLSA and Portal to Portal Pay Act. These federal wage and hour laws do not mandate reimbursement of Board Members' travel expenses. By the same token, these federal wage and hour laws do not prevent the District Board from re-authorizing the reimbursement of Directors' travel expenses as otherwise permitted by the Public Utilities Code sections governing the District.
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OPERATIONS COMMITTEE
March 27, 2013 Agenda Item C-1
187
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Report No: Meeting Date:
13-090 March 27, 2013
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Operations Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Issue a Request for Proposals for Customer Call Center
ACTION ITEM RECOMMENDED ACTION(S): Consider Authorizing the Purchasing Department to issue a Request for Proposals for Customer Call Center services. EXECUTIVE SUMMARY: The District desires a competitively-awarded multi-year contract with a local organization to perform call center support for travel and trip planning, and for customers to register complaints, comments and commendations. BUDGETARY/FISCAL IMPACT: The Issuance of a Request for Proposals has no budgetary or fiscal impact. However, if the solicitation results in a contract award, the District would need to allocate sufficient funds to cover the contract cost. Annual costs are estimated to be in excess of $250,000, based on the current contract and services provided.
BACKGROUND/RATIONALE: The District entered into a contract with American Customer Care in September 2010 to provide call center services, for trip/travel planning and for registering customer complaints and comments. The initial contract period of three years expires in September 2013. The District can exercise two one-year options under this contract at a cost of $245,000 annually. American Customer Care is located in Iowa. The solicitation will be directed to securing services from a local organization where staff are familiar with the District's operating area, locales, landmarks, and events, which should enhance customer interactions, expedite call handling, and provide a better experience for the customer. ADVANTAGES/DISADVANTAGES: Advantages: A contract with a local organization will offer the benefits cited above.
189
Report No. 13-090 Page 2 of 2 Disadvantages: The two one-year options under the current contract, which could extend current services to September 2015, would maintain costs at current levels. Entering into a new contract would likely result in higher costs due to current pricing and the cost of doing business in the Bay Area compared to Iowa. ALTERNATIVES ANALYSIS: Do nothing. The District can exercise the option to continue with the current contractor and continue to improve their knowledge of the District's operating area. PRIOR RELEVANT BOARD ACTIONS/POLICIES: There are no prior actions or policies. ATTACHMENTS: There are no attachments. Department Head Approval:
Tom O'Neill, Chief Technology Officer
Reviewed by:
Kenneth C. Scheidig, Interim General Counsel Lewis Clinton, Chief Financial Officer Victoria Einhaus, Customer Services Manager
Prepared by:
190
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 BINDER FOR STAFF REPORTS 191
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192
AGENDA PLANNING/ STANDING COMMITTEE PENDING LISTS
AC TRANSIT BOARD OF DIRECTORS
EXTERIIIAL.AFFAIRS,C:OMMITrEE Monthly
legislative Report [Updates on State, Federal, Regional and local legislation, including Measure Band the APTA Reauthorization process for T-4]. Annual
State/Federal Advocacy Program Pending Not Scheduled
•
Status report on the Oral History Project. [Request from Director Peeples to retain on long-term pending. Staff to continue efforts to locate funds, hire personnel utilizing grant funds, and contact local museums to determine if there is interest in taking on the project]. Planning staff provide comments and recommendations pertaining to California Environmental Quality Act (CEQA) Reform. [Requested by Director Peeples- 10/24/12] Submission of request to hold a future California Transit Association conference in Oakland. [Requested by Director Williams- 11/14/12]
FINANCE AND AUDlTCOMMITTEE March
•
Audit of the legal department, particularly the cost for outside counsel, with comparisons to prior years. [Requested by Director Peeples -12/12/12]
May
•
Review of Board Policy 138- Health and Welfare Benefits for Retired Elected Officials. [Requested by Director Young- 9/19/12]
June
•
Development of a policy concerning ex parte communications and disclosures by Directors during the entire procurement process from issuance of an RFP, IFB, or RFQ through protest. It was suggested
that staff review the policies of the California Public Utilities Commission pertaining to ex parte situations. [Requested by Director Peeples- 9/5/12] Monthly
Report on Investments Fiscal Policies (Review one per month) Quarterly Reports (Nov. Feb. May. Aug)
• •
Board/Officer Travel/Meeting Expense Employee Out-of-State Travel Surplus/Obsolete Materials Financial Performance/Quarterly Budget Update Update on DBE Goal
Semi Annual Reports
DBE/FTA Report (May/Nov)
Agenda Planning
Page 1 of4
March 27, 2013
193
AGENDA PLANNING/ STANDING COMMITTEE PENDING LISTS
AC TRANSIT BOARD OF DIRECTORS
Finance and Audit, Cont. Annual Reports Appropriations Limit (June) • Audit Engagement Letter (June) • Budget Calendar (Biennial) Externally Funded Welfare to Work (Nov) Parcel Tax Oversight Committee (Dec to Board) Year-End Audited Financial Statements (Nov)
OPERATIONS COMMITTEE April • Development of a policy on exit interviews and to what extent the reporting of the interviews should be different if the employee exiting reports directly to a Board Officer. [Requested by Director Peeples -11/14/12] Report on lithium batteries [Requested by Director Ortiz- 2/13/13]. June • Discussion regarding the development of a policy concerning ex parte communications and disclosures by Directors during the entire procurement process from issuance of an RFP, IFB, or RFQ through protest. It was suggested that staff review the policies of the California Public Utilities Commission pertaining to ex parte situations. [Requested by Director Peeples- 9/5/12] Report on the reopening of Division 3. [Requested by Director Wallace -12/12/12] Quarterly Reports !Nov. Feb. May. Aug) Operations Performance Report (Combination of On-Time Performance and Service Cancellations and Outlates Reports) Semi Annual Reports IJan/Jun) • Clipper Outreach efforts Customer Service Call Center Pending Not Scheduled
•
•
Report on the procedure operators use when handling a slip and fall incident on a bus and whether courtesy cards can include an option which allows riders to waive their right to sue the District. [Requested by Director Harper- 1/17/11.] Request for staff investigate reports that bus stops are being painted over with grey paint and provide a report on whether there is a cost effective way to determine if these incidents were isolated or more frequent occurrences and what could be done. [Requested by Director Peeples- 7/9/11] Report on the savings associated with the October service cuts. [Requested by Director Harper 2/23/11]
Agenda Planning March 27, 2013
Page 2 of 4 194
AGENDA PLANNING/ STANDING COMMITIEE PENDING LISTS
AC TRANSIT BOARD OF DIRECTORS
Operations Committee, Cont.
•
Report on the closure of the print shop. Retained in Committee pending further study of the placement of Print Shop employees into other positions, the anticipated cost savings, capital investments and useful life of capital equipment, and to explore whether the Print Shop can in-source work from outside of AC Transit (Retained in Committee 8/15/12). Report on emergency preparedness and business continuity, including preparation for the Major MTC Drill in 2013 and whether all road supervisors and division superintendents should be required to take NIMS 100 and 200 training. [Requested by Director Peeples -7/13/11] Implementation of a District-wide calendaring system to track contracts, license renewals, etc. [Requested by Director Peeples- 4/25/12]
•
PLANNII\IG COMMITTEE May
•
Report on line 51A regarding crowding and lateness issues. [Requested by Director Peeples 2/13/13]
July
Development of a policy to officially require regular ridership surveys every four or five years. [Requested by Director Peeples- 6/24/09] Update on the status of the customer satisfaction survey. Matter was retained in committee on July 9, 2008 pending receipt of proposed survey. On 9/30/09 Director Peeples requested the report include staff's analysis of surveys conducted in Europe, specifically surveys conducted in Helsinki Finland, to determine how surveys can be done cheaper, better and more often. [Requested by Director Peeples - 5/28/08] September
Report on transit signal priority associated with the Bus Rapid Transit Project [Requested by Director Harper- 5/9/12] Follow-up report regarding staffs investigation of alternative Traffic Signal Priority (TSP) Systems. [Requested by Director Harper- 9/30/09] October
•
Report regarding the Major Corridor Study (BRT on MacArthur) [Requested by Director Peeples 6/27/12] Report on AC Transit's attitude toward shuttles. [Requested by Director Harper- 5/9/12]
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 9'h Street project and details of the commitments made by and to Signature Properties [Requested by Director Peeples- 3/25/06]
Agenda Planning March 27, 2013
Page 3 of4 195
AGENDA PLANNING/ STANDING COMMITTEE PENDING LISTS
AC TRANSIT BOARD OF DIRECTORS
Planning Committee, Cont. Annual Reports Update on CARB (Jun) • Update on Service and Operations Special District 2 (Oct) Pending Not Scheduled • Re(3art a A S~f'lf'lleFAeAtal serviee g~ieeliAes. [ReE!~estee lly 9ireetar Ya~Ag 1Q/H/Q9j Update of the Designing with Transit document which is to include the development of bus shelter design standards. [Requested by Director Peeples -10/27/10] Review Board Policy 163 with respect to environmental issues. (Board Policy 512) [Requested by Director Peeples] • Amendments to Board Policy 550 - Service Standards and Design. [Requested by the Board 12/17/08] • 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] Report Due Upon Conclusion of the Tri-Valley Transit Study: Report on how to better serve lower density diffuse communities and increase the use of public/private shuttles, including: ·:· General Purpose Demand Rapid Transit [Requested by Director Davis- 1/28/09] ·:· Trends regarding the use of private shuttles, carpools, van pools and taxis to serve the public and how it has changed over time [Requested by Director Davis- 2/9/11] Pending Not Scheduled [Parked Items] • ld~eate aA tRe ~se af freeway st1a~leers as ll~s laRes. Staff ta FAaAitar tRe SaA 9iega st~ey aRe ieeAtify ~ateAtial areas far ~se laeall•;. [ReE!~estee ll•; CaFAFAittee 7/2§/Q7j
Agenda Planning
Page 4 of 4
March 27, 2013
196
