DRAFT MINUTES Board of Directors Meeting Alameda-Contra Costa Transit District 2nd Floor Board Room 1600 Franklin Street Oakland, CA 94612 Wednesday, July 23, 2008 5:00 p.m. Board of Directors: Rebecca Kaplan, Vice President (Director At Large) Joe Wallace, Director Ward I Greg Harper, Director Ward II
H. E. Christian Peeples, President (Director at Large) Elsa Ortiz, Director Ward III Ryan “Rocky” Fernandez, Director Ward IV Jeff Davis, Director Ward V
The Alameda-Contra Costa Transit District Board of Directors held a Regular meeting on Wednesday, July 23, 2008. The meeting was called to order at 4:25 p.m. with President Peeples presiding. Roll Call Upon call of the roll, the following Board members responded with their names: Directors Wallace, Ortiz, Fernandez, Davis, Vice President Kaplan, President Peeples – 6 Directors Absent: Director Harper – 1 [Pursuant to Board Policy 114, Resolution No. 07052, Director Harper was excused from attendance at the Board meeting. This is Director Harper’s second of two authorized absences this year.] At 4:26 p.m., the General Counsel announced that the Board would convene in Closed Session to discuss the items listed on the Closed Session Agenda. At 5:10 p.m., the Board convened the Regular Board of Directors meeting. members were present.
All Board
Presentation Presentation and adoption of Resolution No. 08-043 honoring Greg Hunter on the occasion of his retirement from AC Transit. This item was pulled from the agenda and will be rescheduled. Public Comment There was no public comment offered. Public Hearing 1. Hold public hearing and consider the adoption of Resolution No. 08-044 calling for an election on a parcel tax measure for the November 4, 2008 election, requesting consolidation of the measure with the General Election, requesting the preparation of an impartial analysis by the Alameda County Counsel and providing for such other actions as may be necessary or convenient, and to determine the amount of the parcel tax and approving the text of the measure (GC Memo No. 08-160a). AC Transit District Board of Directors
July 23, 2008
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President Peeples called on General Counsel Ken Scheidig to give an overview of the proposal. President Peeples opened the public hearing at 5:11 p.m. and called for comments. No one appeared to present testimony. The public hearing closed. [Email and written comments received up to the close of the hearing are incorporated in the file, and by reference hereto, are made a part of these minutes. No comments were received via fax or voicemail.] MOTION: KAPLAN/WALLACE to adopt Resolution No. 08-044 calling for an election on a special parcel tax measure in Special District One to extend the term and to increase the levy of an existing parcel tax, requesting consolidation of the measure with the General Election on November 4, 2008, requesting the preparation of an impartial analysis by the Alameda County Counsel and providing for such other actions as may be necessary or convenient, to set the amount of the measure at $4 per parcel, per month for 10 years, and approving the text of the measure (6-0-0-1). Ayes: Noes: Abstain: Absent:
Vice President Kaplan, Directors Wallace, Ortiz, Fernandez, Davis, President Peeples - 6 None – 0 None – 0 Director Harper – 1
2. Consider adoption of Resolution No. 08-051 reconfirming the commitment contained in Resolution No. 2141 to maintain discounted passes for youth, seniors and the disabled below what is required by Federal and State law, contingent on the passage of a special parcel tax measure on the ballot for the November 4, 2008 General Election (GC Memo No. 08-193). General Counsel Ken Scheidig outlined the staff report and addressed questions from the Board. Public Comment: John Claassen, Oakland resident and member of Genesis, commented in support of the parcel tax measure, the importance of keeping fares low for youths and seniors, and the favorable polling results in support of the measure. Lindsay Imai, Urban Habitat, thanked the Board for listening to the riders by delaying a fare increase and pursuing a parcel tax and was appreciative of the General Counsel for working with Urban Habitat on the resolution’s language. Further, Ms. Imai urged the use of the All Items Consumer Price Sub Index over the Transportation Sub Index and reiterated the need for stronger language in the resolution to unequivocally convey the Board’s commitment to keeping transit accessible to youth, seniors and the disabled in order to build support for the parcel tax. Bob Allen, Urban Habitat, commented on Urban Habitat’s efforts regarding Federal Transportation Reauthorization and requested that the cumulative period for any future fare increase begin as of January 1, 2009. AC Transit District Board of Directors
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Monica Monterroso West Oakland Youth Standing Empowered (WYSE), thanked the Board for working to avoid a fare increase and requested the Board use the Consumer Price All Items Sub Index instead of the Transportation Sub Index. Ms. Monterroso further stated the importance of transportation for after school programs. Carmen Angelandretti, Building Opportunities for Self Sufficiency (BOSS), thanked the Board for working to avoid a fare increase by placing a parcel tax measure on the ballot and for considering a resolution that pledges to keep fares low for seniors, youth and the disabled. Ms. Angelandretti further requested that the Board have stronger language in the resolution that keeps fares affordable in order to shore up support for the parcel tax. Summer Brenner thanked the Board for pursuing the parcel tax measure, commented on the promises made to community groups in 2004 and urged that a fare increase not accrue from the date of the last fare increase.
MOTION: KAPLAN/WALLACE to adopt Resolution No. 08-051 reconfirming the commitment contained in Resolution No. 2141 to maintain discounted passes for youth, seniors and the disabled below what is required by Federal and/or State law, contingent on the passage of a measure on the ballot for the November 4, 2008 General Election to increase and extend the existing parcel tax in Special Transit District One; amending Section 1b of the resolution to reflect the use of the All Urban Consumers, San Francisco-Oakland-San Jose Metro Area, All Items Sub Index; and that any increase would be cumulative from January 1, 2009 or the date of the last fare increase whichever occurs later (6-0-0-1). Ayes: Noes: Abstain: Absent:
Vice President Kaplan, Directors Wallace, Ortiz, Fernandez, Davis, President Peeples – 6 None – 0 None – 0 Director Harper – 1
Consent Calendar Items listed under the Consent Calendar are considered to be routine and may be enacted by one motion/one vote. If discussion is desired, an item may be removed from the Consent Calendar and will be considered individually. MOTION: WALLACE/ORTIZ to approve the consent calendar as presented (6-0-0-1). Ayes: Noes: Abstain: Absent:
3.
Directors Wallace, Ortiz, Fernandez, Davis, Vice President Kaplan, President Peeples – 6 None – 0 None – 0 Director Harper – 1
Planning Committee (July 9, 2008 Meeting) Recommendations: Receive a. Planning Committee minutes of June 11, 2008.
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4.
External Affairs Committee (July 9, 2008 Meeting) Recommendations: Receive a. External Affairs Committee minutes of June 11, 2008. b. Legislative Report (GM Memo No. 08-154). c. Report on public hearing outreach (Requested by Director Peeples – 11/14/07 (GM Memo No. 08-134).
5.
Accessibility Advisory Committee (AAC) Consider approving AAC minutes of June 10, 2008 (GM Memo No. 08-169).
6.
Board Matters a. Consider approving Board of Directors minutes of July 9, 2008. b. Consider authorizing the General Council to travel to Washington, DC to meet with Federal Transit Administration (FTA) officials regarding the proposed school bus regulations (GC Memo No. 08-191).
Regular Calendar 7. Consider review of Chapters 1 and 3 of the Short Range Transit Plan (GM Memo No. 08-162). The following amendments were suggested: Director Fernandez requested the inclusion of Owl Service in Chapter 1, page 2 under the heading of “Service Characteristics”; Vice President Kaplan requested a change in the scale of Figure 1-6: Change in Platform Hours, page 9, to millions to make it easier to read; and Vice President Kaplan requested that Figure 3-5: Service Span and Frequency, page 10, reflect that the Span of Service for Owl Service is Midnight to 5:00 a.m. Director Ortiz requested a re-examination of the Park and Ride policy and any disparity of treatment between Park and Rides in Richmond and in Fremont (currently on the Planning Committee’s pending list). President Peeples urged all directors to review the chapter of the Short Range Transit Plan and contact Ms. Spencer with any questions or comments. MOTION: WALLACE/ORTIZ to receive Chapters 1 and 3 of the Short Range Transit Plan (6-0-0-1). Ayes: Noes: Abstain: Absent:
AC Transit District Board of Directors
Directors Wallace, Ortiz, Fernandez, Davis, Vice President Kaplan, President Peeples – 6 None – 0 None – 0 Director Harper – 1
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8. Planning Committee (July 9, 2008 Meeting) Recommendations: Consider receiving report on the issues raised in a letter to the Board of Directors concerning service metrics (Requested by Director Ortiz – 2/27/08 and 6/11/08) (GM Memo No. 08-163). MOTION: WALLACE/ORTIZ to receive report on the issues raised in a letter to the Board of Directors concerning service metrics (6-0-0-1). Ayes: Noes: Abstain: Absent:
Directors Wallace, Ortiz, Fernandez, Davis, Vice President Kaplan, President Peeples – 6 None – 0 None – 0 Director Harper – 1
9. Consider adoption of Resolution No. 08-047 authorizing the General Manager to enter into an agreement with the California Air Resources Board for $2.7 million to build a hydrogen fueling facility in Emeryville for the District’s Hydrogen Fuel Facility Expansion Project (GM Memo No. 08-174) [Request to the forward to the Board of Directors the same day for action pursuant to Board Policy 100, Section 5.5.4]. [Information was provided by staff detailing the National Renewable Energy Laboratory’s latest fuel economy analysis of fuel cell and diesel buses and is incorporated into the file and by reference hereto is made part of these minutes.] MOTION: KAPLAN/WALLACE that the item meets the criteria for same day action by the Board of Directors pursuant to Board Policy 100, Section 5.5.4. (6-0-0-1). Ayes: Noes: Abstain: Absent:
Vice President Kaplan, Directors Wallace, Ortiz, Fernandez, Davis, President Peeples – 6 None – 0 None – 0 Director Harper – 1
MOTION: KAPLAN/WALLACE to adopt Resolution No. 08-047 authorizing the General Manager to execute an agreement with the California Air Resources Board to receive State funding in the amount of $2.7 million for the District’s Hydrogen Fuel Facility Expansion Project in Emeryville (6-0-0-1). Ayes: Noes: Abstain: Absent:
AC Transit District Board of Directors
Vice President Kaplan, Directors Wallace, Ortiz, Fernandez, Davis, President Peeples – 6 None – 0 None – 0 Director Harper – 1
July 23, 2008
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10. Consider adoption of Resolution No. 08-050 authorizing the submission of a second cycle Lifeline grant application (GM Memo No. 08-176) [Request to the forward to the Board of Directors the same day for action pursuant to Board Policy 100, Section 5.5.4]. MOTION: KAPLAN/WALLACE that the item meets the criteria for same day action by the Board of Directors pursuant to Board Policy 100, Section 5.5.4. (6-0-0-1). Ayes: Noes: Abstain: Absent:
Vice President Kaplan, Directors Wallace, Ortiz, Fernandez, Davis, President Peeples – 6 None – 0 None – 0 Director Harper – 1
MOTION: KAPLAN/WALLACE to adopt Resolution No. 08-050 authorizing the submission of a second cycle Lifeline grant application (6-0-0-1). Ayes: Noes: Abstain: Absent:
Vice President Kaplan, Directors Wallace, Ortiz, Fernandez, Davis, President Peeples – 6 None – 0 None – 0 Director Harper – 1
11. Consider recommending approval of the Disadvantaged Business Enterprise (DBE) Overall Annual Goal for FY 2008-09 (GC Memo No. 08-165) [Request to forward to the Board of Directors the same day for action pursuant to Board Policy 100, Section 5.5.4]. Director Ortiz requested that the Overall Annual Goal be published in the Asian languages. MOTION: KAPLAN/WALLACE that the item meets the criteria for same day action by the Board of Directors pursuant to Board Policy 100, Section 5.5.4. (6-0-0-1). Ayes: Noes: Abstain: Absent:
Vice President Kaplan, Directors Wallace, Ortiz, Fernandez, Davis, President Peeples – 6 None – 0 None – 0 Director Harper – 1
MOTION: WALLACE/ORTIZ to approve the Disadvantaged Business Enterprise (DBE) Overall Annual Goal for FY 2008-09 (6-0-0-1). Ayes: Noes: Abstain: Absent: AC Transit District Board of Directors
Directors Wallace, Ortiz, Fernandez, Davis, Vice President Kaplan, President Peeples – 6 None – 0 None – 0 Director Harper – 1 July 23, 2008
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12. Consider authorizing the purchase of thirty-six (36) paratransit buses under a piggyback buy from San Mateo Transit’s current contract (GM Memo No. 08-175). MOTION: WALLACE/ORTIZ to authorize the purchase of thirty-six (36) paratransit buses under a piggyback buy from San Mateo Transit’s current contract (6-0-0-1). Ayes: Noes: Abstain: Absent:
Directors Wallace, Ortiz, Fernandez, Davis, Vice President Kaplan, President Peeples – 6 None – 0 None – 0 Director Harper – 1
13. Report on actions(s) taken during Closed Session [Will be reported after the conclusion of Closed Session.] There was nothing to report out of Closed Session.
Board/Staff Comments (Government Code Section 54954.2) Agenda Planning Board Retreat The Board Retreat tentatively scheduled for August 13, 2008 has been tentatively rescheduled for September 3, 2008 at 10:00 a.m. Referred to the External Affairs Committee President Peeples requested a discussion of the naming of the Universal Pass Program. Vice President Kaplan requested a report on the prospect of having the District sponsor legislation regarding a fuel efficiency modification (rebate) to the Vehicle License Fee(VLF) and information on the legislative process. Vice President Kaplan requested a report on the production and annual general distribution of central area maps. Referred to the Planning Committee Director Ortiz requested a re-examination of the Park and Ride policy and any disparity of treatment between Park and Rides in Richmond and in Fremont (currently on the Planning Committee’s pending list for September). Referred to the Operations Committee Director Wallace requested a meeting with staff and the Board President to review of the Operations pending list. CLOSED SESSION:
Conference with Legal Counsel – Potential Litigation (Government Code Section 54956.9 Subdivision (b)) (One case) AC Transit District Board of Directors
July 23, 2008
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Conference with Labor: (Government Code Section 54957.6) Agency Negotiator: Employee Organization:
General Manager Paratransit, Local 192, ATU Local 192, AFSCME, Local 3916; IBEW, Local 1245 Unrepresented Employees
Labor Negotiations – Board Officers: (Government Code Section 54957.6) Committee Negotiators:
President Peeples, Chair Director Wallace Director Davis
Public Employee Performance Evaluation: (Government Code Section 54957) Title: General Manager Title: General Counsel Title: District Secretary
Adjournment There being no further business to come before the Board of Directors, the meeting was adjourned in a moment of silence in memory of Richard Hendrix at 7:30 p.m. The next meeting of the Board of Directors is scheduled for Wednesday, August 6, 2008. Respectfully submitted, Linda A. Nemeroff District Secretary
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