BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
MINUTES Special Meeting of the Board of Directors AC Transit General Offices 2nd Floor Board Room 1600 Franklin Street Oakland, CA 94612
Monday, January 15, 2018 at 12:00 p.m. Closed Session: 11:30 a.m. (Items 6A-6D) MEMBERS OF THE BOARD OF DIRECTORS ELSA ORTIZ, PRESIDENT (WARD 3) JOE WALLACE, VICE PRESIDENT (WARD 1) GREG HARPER (WARD 2) MARK WILLIAMS (WARD 4) JEFF DAVIS (WARD 5) H. E. CHRISTIAN PEEPLES (AT-LARGE) JOEL YOUNG (AT-LARGE) BOARD OFFICERS MICHAEL A. HURSH, GENERAL MANAGER DENISE C. STANDRIDGE, GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY
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SPECIAL BOARD OF DIRECTORS MEETING – ELSA ORTIZ, President Monday, January 15, 2018 at 12:00 p.m.
ACTION SUMMARY
The Alameda-Contra Costa Transit District Board of Directors held a special meeting on Monday, January 15, 2018. The meeting was called to order at 11:35 a.m. for the purpose of Closed Session. All Board members were present, except Directors Williams, Davis, and Young who were absent. The District Secretary announced that the Board would convene in Closed Session to discuss Items 6A-6D as listed on the agenda. Closed Session concluded at 11:47 a.m. President Ortiz called the Board of Directors meeting to order at 12:01 p.m. 1.
ROLL CALL Present: Harper, Peeples, Wallace, Ortiz Absent: Williams, Davis, Young
2.
PUBLIC COMMENT There was no public comment offered.
3.
CONSENT CALENDAR MOTION: PEEPLES/WALLACE to receive, approve, or adopt the items on the Consent Calendar as indicated. The motion carried by the following vote:
APPROVED
AYES:4: Peeples, Wallace, Harper, Ortiz ABSENT:3: Williams, Davis, Young 3A.
Consider approving Board of Directors minutes of December 13, 2017.
3B.
Consider receiving Accessibility Advisory Committee minutes of November 14, 2017 (Report 18-001).
3C.
Consider receiving Retirement Board minutes of October 4, 2017 (Report 18-002).
3D.
Consider receiving Retirement Board minutes of November 13, 2017 (Report 18-037).
3E.
Consider adoption of Resolution No. 08-010 authorizing the General Manager, or his designee, to file and execute applications and funding agreements, and certifications and assurances with the California Department of Transportation (Caltrans) for the Senate Bill 1 State of Good Repair (SGR) Program to secure funding for the East Bay Bus Rapid Transit Project (Report 18-020).
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3F.
4.
Consider repealing Board Policy 302 (formerly 107) – Charitable Contributions in the Workplace on the basis that it is obsolete (Report 17-024). REGULAR CALENDAR Planning Items: Items 4A, 4B and 4C were heard and acted on concurrently.
4A.
Consider authorizing the General Manager to execute an amendment to the Parsons Transportation Group Inc. contract 2011-177 for an extension of time and additional funds in support of the East Bay Bus Rapid Transit (BRT) Project (Report 11-073c).
APPROVED
4B.
Consider authorizing the General Manager to execute an amendment to the CH2M, Inc. contract 2016-1378 for an extension of time and additional funds in support of the East Bay Bus Rapid Transit (BRT) Project (Report 16-149b).
APPROVED
4C.
Consider authorizing the General Manager to execute an amendment to the L. Luster and Associates with A Squared Ventures contract 2016-1379 for an extension of time and additional funds in support of the East Bay Bus Rapid Transit (BRT) Project (Report 16-150b).
APPROVED
Director of Bus Rapid Transit David Wilkins presented Staff Reports 11073c, 16-149b, and 16-150b, stating that the contracts would be in effect through the project completion date of December 2019. President Ortiz asked what would happen if the project finished early. Mr. Wilkins responded that the contracts would end and the remaining funds would stay in the project budget. Director Harper asked if delays in the project caused by the contractor were being tracked. Mr. Wilkins reported that unforeseen and unknown conditions on the corridor were the main cause of construction delays. In addition, the construction staging plan required work to occur in certain zones that could not be adjacent to each other. MOTION: ORTIZ/WALLACE to authorize the General Manager to 1) execute an amendment to the Parsons Transportation Group Inc. contract 2011-177 for an extension of time and additional funds in support of the East Bay Bus Rapid Transit (BRT) Project; 2) execute an amendment to the CH2M, Inc. contract 2016-1378 for an extension of time and additional funds in support of the East Bay Bus Rapid Transit (BRT) Project; and 3) execute an amendment to the L. Luster and Alameda-Contra Costa Transit District
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Associates with A Squared Ventures contract 2016-1379 for an extension of time and additional funds in support of the East Bay Bus Rapid Transit (BRT) Project. The motion carried by the following vote: AYES:4: Peeples, Wallace, Harper, Ortiz ABSENT:3: Williams, Davis, Young 4D.
Consider authorizing the General Manger, or his designee, to execute a sole source contract with Diablo Engineering Group to provide technical liaison, stakeholder agency coordination, and traffic control coordinator services for the East Bay Bus Rapid Transit (BRT) project (Report 18-022).
APPROVED
Executive Director of Planning and Engineering Ramakrishna Pochiraju presented the staff report. President Ortiz asked staff to clarify the relationship between Diablo Engineering and the City of Oakland. Mr. Pochiraju advised that during the project’s design phase, the firm represented the City of Oakland, but over the past two years had worked with the District as a subconsultant to the construction management team. He added that the District would save money if the services were contracted with the consultant directly. President Ortiz expressed her continued frustration with sole source contracts, noting that, as a matter of policy, she would not support future sole source contracts. General Manager Michael Hursh advised that because he was not pleased with the progress being made with the prime contractor, he asked that AC Transit take the lead in order to have better management of the schedule. He added that he would not bring a sole source contract to the Board unless it was a necessity. MOTION: WALLACE/PEEPLES to authorize the General Manger, or his designee, to execute a sole source contract with Diablo Engineering Group to provide technical liaison, stakeholder agency coordination, and traffic control coordinator services for the East Bay Bus Rapid Transit (BRT) project. The motion carried by the following vote: AYES:4: Wallace, Peeples, Harper, Ortiz ABSENT:3: Williams, Davis, Young Items 4E, 4F, 4G, 4H, and 4I were discussed concurrently. Items 4E, 4F, and 4I were acted on concurrently. Items 4G and 4H were acted on separately at the request of Director Harper to discuss whether the District should partner with organizations that did not have an established track record. Alameda-Contra Costa Transit District
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4E.
Consider the adoption of Resolution No. 18-005 authorizing the General Manager, or his designee, to file an application and related documents under the FY 2016-17 State of California’s Affordable Housing and Sustainable Communities Program as a joint applicant and joint grantee with Eden Housing and with the City of Alameda in connection with the project at Main Street and Trident Street in Alameda (Report 18-021).
ADOPTED RESOLUTION NO. 18-005
Director of Management and Budget Chris Andrichak was available to address questions from the Board. With respect to Items 4E through 4I, Director Peeples asked the General Counsel to confirm that AC Transit was not in any way committed to building or managing public housing if the non-profit or other partners to the grants fell through. General Counsel Denise Standridge responded that this would be the case provided that all of the partners agreed to it, adding that it was her understanding that there was a verbal agreement. She further advised that if the partners did not agree to it, then she would not sign off on it. Mr. Andrichak advised that the agreements would be brought back to the Board if and when the projects were awarded and would be subject to legal review. With respect to Items 4E through 4I, Director Peeples asked that the record reflect that the Board would approve the filing of the grant applications to move the process along, pending due diligence by District staff and state housing officials, particularly the 1675 7th Street project, and was doing so as a courtesy and was not making a commitment at this point. MOTION: ORTIZ/WALLACE to adopt of Resolution No. 18-005 authorizing the General Manager, or his designee, to file an application and related documents under the FY 2016-17 State of California’s Affordable Housing and Sustainable Communities Program as a joint applicant and joint grantee with Eden Housing and with the City of Alameda in connection with the project at Main Street and Trident Street in Alameda. The motion carried by the following vote: AYES:4: Ortiz, Wallace, Harper, Peeples ABSENT:3: Williams, Davis, Young 4F.
Consider the adoption of Resolution No. 18-006 authorizing the General Manager, or his designee, to file an application and related documents under the FY 2016-17 State of California’s Affordable Housing and Sustainable Communities Program as a joint applicant and joint grantee with Eden Housing and with the City of San Leandro
Alameda-Contra Costa Transit District
January 15, 2018
ADOPTED RESOLUTION NO. 18-006
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in connection with the project at 1604 San Leandro Boulevard in San Leandro (Report 18-033). Public Comment: Susie Criscimagna, Eden Housing, thanked the Board and staff of AC Transit for agreeing to partner with them on the project, which aimed to build 62 units of affordable housing near the San Leandro BART Station. Director Peeples asked if Eden Housing’s lawyers would sign off on AC Transit’s language, to which Ms. Criscimagna responded that while she had not seen the language, she understood that similar developers had accepted the language and Eden Housing wanted to be reasonable in order to make the project happen. MOTION: ORTIZ/WALLACE to adopt of Resolution No. 18-006 authorizing the General Manager, or his designee, to file an application and related documents under the FY 2016-17 State of California’s Affordable Housing and Sustainable Communities Program as a joint applicant and joint grantee with Eden Housing and with the City of San Leandro in connection with the project at 1604 San Leandro Boulevard in San Leandro. The motion carried by the following vote: AYES:4: Ortiz, Wallace, Harper, Peeples ABSENT:3: Williams, Davis, Young 4G.
Consider the adoption of Resolution No. 18-007 authorizing the General Manager, or his designee, to file an application and related documents under the FY 2016-17 State of California’s Affordable Housing and Sustainable Communities Program as a joint applicant and joint grantee with Oakland World Enterprises and McCormack Baron Salazar Inc. and with the City of Oakland in connection with the project at 1676 7th Street in Oakland (Report 18-034).
ADOPTED RESOLUTION NO. 18-007
With regard to Director Harper’s comment that the District not partner with organizations without an established track record, Mr. Andrichak advised that while staff had only performed a minimal amount of research on Oakland World Enterprises and McCormack Baron Salazar Inc., the proposed project was not their first, but staff would have to do more research. MOTION: ORTIZ/WALLACE to adopt of Resolution No. 18-007 authorizing the General Manager, or his designee, to file an application and related documents under the FY 2016-17 State of California’s Affordable Housing and Sustainable Communities Program as a joint applicant and joint grantee with Oakland World Enterprises and McCormack Baron Salazar Inc. and with the City of Oakland in Alameda-Contra Costa Transit District
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connection with the project at 1676 7th Street in Oakland. The motion carried by the following vote: AYES:4: Ortiz, Wallace, Harper, Peeples ABSENT:3: Williams, Davis, Young 4H.
Consider the adoption of Resolution No. 18-008 authorizing the General Manager, or his designee, to file an application and related documents under the FY 2016-17 State of California’s Affordable Housing and Sustainable Communities Program as a joint applicant and joint grantee with Satellite Affordable Housing Associates and with the City of Oakland in connection with the project at 3268 San Pablo Avenue in Oakland (Report 18-035).
ADOPTED RESOLUTION NO. 18-008
With regard to Director Harper’s comment that the District not partner with organizations that did not have an established track record, Mr. Andrichak advised that the District, just the month before, had entered into a grant agreement with Satellite Affordable Housing Associates for the Grayson Street Project in Berkeley. Public Comment: Somaya Abdelgany, Satellite Affordable Housing Associates (SAHA), commented that SAHA hoped to continue its partnership with AC Transit on the Oakland project. MOTION: ORTIZ/WALLACE to adopt of Resolution No. 18-008 authorizing the General Manager, or his designee, to file an application and related documents under the FY 2016-17 State of California’s Affordable Housing and Sustainable Communities Program as a joint applicant and joint grantee with Satellite Affordable Housing Associates and with the City of Oakland in connection with the project at 3268 San Pablo Avenue in Oakland receive or approve the items on the Consent Calendar as indicated. The motion carried by the following vote: AYES:4: Ortiz, Wallace, Harper, Peeples ABSENT:3: Williams, Davis, Young 4I.
Consider the adoption of Resolution No. 18-009 authorizing the General Manager, or his designee, to file an application and related documents under the FY 2016-17 State of California’s Affordable Housing and Sustainable Communities Program as a joint applicant and joint grantee with Resources for Community Development and with the City of Oakland in connection with the project at 72nd Avenue and Hawley Street in Oakland (Report 18-036).
ADOPTED RESOLUTION NO. 18-009
MOTION: ORTIZ/WALLACE to adopt of Resolution No. 18-009 authorizing the General Manager, or his designee, to file an application Alameda-Contra Costa Transit District
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and related documents under the FY 2016-17 State of California’s Affordable Housing and Sustainable Communities Program as a joint applicant and joint grantee with Resources for Community Development and with the City of Oakland in connection with the project at 72nd Avenue and Hawley Street in Oakland. The motion carried by the following vote: AYES:4: Ortiz, Wallace, Harper, Peeples ABSENT:3: Williams, Davis, Young 5.
SELECTION OF PRESIDENT/VICE PRESIDENT OF THE BOARD REPORT FROM THE NOMINATING COMMITTEE Consider report from the Nominating Committee and election of 2018 Board President and Vice President. Vice President Wallace announced that the Nominating Committee had met and recommended the reappointment of Director Elsa Ortiz as President and the reappointment of Director Wallace as Vice President for 2018.
APPROVED THE APPOINTMENT OF DIRECTOR ORTIZ AS PRESIDENT AND DIRECTOR WALLACE AS VICE PRESIDENT
MOTION: WALLACE/PEEPLES to appoint Director Ortiz as President and Director Wallace as Vice President. The motion carried by the following vote: AYES:4: Wallace, Peeples, Harper, Ortiz ABSENT:3: Williams, Davis, Young 6.
CLOSED SESSION/REPORT OUT General Counsel Denise Standridge reported the following:
REPORT GIVEN
MOTION: PEEPLES/ORTIZ to approve settlement in the amount of $75,000 in the matter of Afsaneh Kangarlou v. AC Transit, Claim No. 16-0159, ACSC Case No. RG17853553. AYES:4: Peeples, Ortiz, Harper, Wallace ABSENT:3: Williams, Davis, Young 6A.
Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9 (a))
Afsaneh Kangarlou v. AC Transit, Claim No. 16-0159, ACSC Case No. RG17853553 Kido v. AC Transit, Claim No14-2127, ACSC Case No. RG-16799080
6B.
Conference with Legal Counsel – Potential Litigation (Government Code Section 54956.9(b)) (Two Cases)
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6C.
Conference with Labor Negotiators
(Government Code Section 54957.6): Agency Designated Representative: General Manager Employee Organizations: ATU Local 192, AFSCME Local 3916, IBEW Local 1245, Unrepresented Employees
6D.
Public Employee Performance Evaluation
7.
AGENDA PLANNING
(Government Code Section 54957) Title: General Manager, General Counsel, District Secretary
Director Harper requested a report on how Sheriff’s deputies prioritize which bus stops to patrol in terms of making sure that delivery trucks are not using them as loading zones. (President Ortiz concurred). 8.
GENERAL MANAGER’S REPORT The General Manager’s report was presented for information only and is incorporated into the file by reference as Report 18-054.
INFORMATION ONLY
9.
BOARD/STAFF COMMENTS Members of the Board commented on meetings and events attended since the last meeting.
INFORMATION ONLY
Director Harper commented that the NextBus sign at the bus stop located at 40th and San Pablo was not working and requested that staff investigate. Director Harper requested that a thank you letter be sent to Charlie Bryant at the City of Emeryville for his assistance in sending the owner of the 7-Eleven at 40th and San Pablo a letter informing the owner of the conditions of approval requirement that loading occur at the rear of the building and not in the bus stop in front of the building. He also asked that the Sheriff periodically check the stop. Director Peeples reported his attendance at the Transportation Research Board Conference, the Transportation Camp DC 2018 Conference, and the World Bank Group's Transforming Transportation Conference in Washington D.C. 10.
ADJOURNMENT The meeting adjourned at 12:41 p.m.
Respectfully submitted,
Linda A. Nemeroff District Secretary Alameda-Contra Costa Transit District
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