BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
MINUTES Regular Meeting of the Board of Directors AC Transit General Offices 2ndFloor Board Room 1600 Franklin Street
Oakland,CA 946].2 Wednesday, April12, 2017 at 5:00 p.m. Closed Session: 3:30 p.m.(Items 7A-7D) MEMBERS OF THE BOARD OF DIRECTORS
ELSAORTIZ,PRESIDENT (WARD3) JOEWALL.ACE, VICEPRESIDENT(WARD I) GREGHARPER(WARD 2) MARKWILLIAMS(WARD41 JEFFDAVIS(WARD5) H. E. CHRISTIAN PEOPLES (AT-L.ARGEI JOEL YOUNG (AT-L.ARGEI
BOARD OFFICERS MICHAEL A. HURSH, GENERAL MANAGER DENISE C. STANDRIDGE, G ENERAL COUNSEL
LINDA A. NEMEROFF, DISTRICT SECRETARY
Alameda-Contra Costa Transit District
April 12, 2017
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BOARD OF DIRECTORSMEETING - Elsa Ortiz, President
ACTION
Wednesday, April 12,2017at 5100p.m
SUMMARY
The Alameda-Contra Costa Transit District Board of Directors held a regular meeting on Wednesday, April 12, 2017
The meeting was called to order at 3:35 p.m. for the purpose of Closed Session. All Board members were present. The District Secretary announced that the Board would convene in Closed Session to discuss Items
7A-D as listed
on the
agenda.
Closed Session
concluded at 4:45 p.m.
President Ortiz called the Board of Directors meeting to order at 5:01 p.m
l
ROLL CALL
Present: Harper, Williams, Davis, Peeples, Young, Wallace, Ortiz 2
PRESENTATIONS:
Aff ordable Student Transit PassPilot Program.
PULLED OFF THE AGENDA
The item was pulled off the agendaand postponed to a later date 3
PUBLICCOMMENT - John Lane complained that an AC Transit operator had prevented him from boarding a bus to get home and that his emails reporting the problem had gone unaddressed.President Ortiz directed him to Chief Operating Officer Jim Pachanto provide assistance. i. Jane Kramer commented on transparency and accountability with regard to planning decisions which she felt should support a regional policy of sustainable live-work communities. She felt the building of an experimental transit corridor would displace people who presently live there and suggested that an in-depth household needs study be conducted.
- Allan Essexcommentedon the issuanceof citations to motoristsfor
parkingin buszones,notingthat it purportedlyhad raised$22 i million in revenueto the District over the past 10 years. HeI complained about the impacts to drivers, noting that it appeared to be a rubber-stamped operation that best served the District's revenue needs. 4.
MODIFICATIONS TO THE AGENDA
President Ortiz announced that Item 6C would be moved up on the agendaand discussedfirst.
Alameda-ContraCostaTransit District
April 12, 2017
I
MODIFICATIONS ANNOUNCED
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5
CONSENT CALENDAR
i
RECEIVED,
MOTION:PEEPLES/WALLACE to receive, approve or adopt the items on I APPROVED OR the Consent Calendar as indicated. The motion carried by the ADOPTEDAS following vote: INDICATED
I
AYES:7:Peeples, Wallace, Harper, Williams, Davis, Young, Ortiz 5A.
Considerapproving Board of Directors minutes of February 8, 2017
5B
Considerapproving Board of Directors minutes of March 22, 2017
5C. I Consider receiving report on Annual Statement of Economic Interest filings (Report 17-115).
5D. I Considerauthorizing the General Manager and members of the Board
of Directors designated by the Board President to travel to Washington, D.C.to advocate for the District's funding needs on an as-needed basis through June 30, 2017 (Report 17-130). 5E. I Consider receiving the Semi-Annual Retirement Board Report (Report 17-088). 5F
Consideradoption of Resolution No. 17-011 authorizing the General Manager, or his designee, to file and execute applications and funding agreements with the Metropolitan Transportation Commission for FY 2017-2018 allocations of Transportation DevelopmentAct, State Transit Assistance, Assembly Bill 1107 and Regional Measure 2 bridge tollrevenues(Report
17-101).
5G. I Consider approving amendments to Board Policy 324 -- Revenues and Grants (Report 17-074a).
5H. I Consider approving amendments to Board Policy 322 Policies(Report 17-092). 51
Reserve
Consider adoption of Be$Q]UtiQ No:;.]7:Q]2 approving minor i amendmentsto Board Policy 349 -- Investment Policy (Report 17- 1 075).
51
Consider the adoption of RQ$QIUtiQ lyq:.17:Q15 approving revisions
to the Chief Information Officer classification specification (Report 17-120).
5K. I Consider approving the award of a five-year contract to Prudential
OverallSupplyto provide high quality professionaluniform laundry cleaning services for AC Transit Maintenance, Materials and Print I Shop employees (Report 16-297a). Alameda-Contra Costa Transit District
April 12, 2017
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6.
I REGULAR CALENDAR
Financeand Audit Items: 6A. I Consider receiving report on the Draft FY 2017-18 Capital Budget and the FY2017 through 2019 Capitallmprovement Program (CIP)(Report 17-071a).
RECEIVED
Director of Management and Budget Chris Andrichak presented the staff report. Director Peeples agreed with the need for a long-term CIP, but asked for clarification about the separation of grant funding and District funding for projects. Mr. Andrichak explained that grant funding was reimbursed as it was spent, while the District's contribution came from the operating budgetwhichwould determine the level of spendingthe District could afford Vice President Wallaceadvocatedfor equal funding of projects in Ward I I as did other Directors. Director Young asked that staff not lose sight of the District's needs and the importanceof keepingthe Board abreast of what those needs
are. Mr. Andrichakadvisedthat the District'seffortsin the areasof I assetmanagementand state of good repair were a component that would allow staff to look at projects from a long-term, strategic standpoint. Director Williams advocated for outreach to Disadvantaged and Small
BusinessEnterprises,which would provide opportunities for them to compete for work on capitalprojects. Public Comment: Jane Kramer commented that by spreading the receipt of funding and I paymentof expensesover time, the District may get a broader picture I of the dynamics of providing service MOTION: ORTIZ/YOUNGto receive report on the Draft FY 20].7-18 Capital Budget and the FY 2017 through 2019 Capital Improvement I Program. The motion carried by the following vote: AYES:7:Ortiz, Young, Harper, Williams, Davis, Peeples, Wallace 6B
Consider maintaining the Self-Insured Retention level of $2,000,000, APPROVED W/ and authorize the General Manager to bind the 2017-2018 ExcessI MODIFICATIONS Liability Insurance policies (Report 17-093). There was no presentation of the staff report.
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April 12,2017
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Director Harper advised that he would not support the staff recommendation becausehe had not receivedan independentrisk analysis as previously requested. General Counsel Denise Standridge
advisedthat she could obtain a cost estimate and initiate a procurement for those services. In light of this, Director Harper indicatedthat he would support the staff recommendation. MOTION: PEEPLES/WALLACE to maintain the Self-Insured Retention level of $2,000,000, and authorize the General Manager to bind the 20].7-2018 ExcessLiability Insurance policies. The GeneralCounsel was directed to obtain a cost estimate for an independent risk analysisand initiate a procurement for those services. The motion carried by the following vote: AYES:7:Peeples,Wallace, Harper, Williams, Davis, Young, Ortiz
PlanningItems: 6C.
i
Considerthe options for receiving public input regarding the possible elimination
of supplementary
service
to Montera
Middle
APPROVED W/
MODIFICATIONS
School,
Skyline High School, and Community Day School within the Oakland Unified School District (Report 17-121).
IWritten comments received prior to and during the meeting are incorporated into the .file by reference.]
Director of Service Development and Planning Robert del Rosario presentedthe staff report. A total of 30 persons spoke in support of maintaining the existing service levels and having a public hearing. A
summaryof the oral commentsis incorporatedinto the minutesby reference hereto as Exhibit A.
i
MOTION:YOUNG/WALLACE to hold a community meeting before the I end of April to receive public input on the proposal to eliminate supplementary service to Montera Middle School, Skyline High School, and Community Day School within the Oakland Unified School District. Themotion carried by the following vote: AYER:7:Young, Wallace, Harper, Williams, Davis, Peeples, Ortiz
6D. iConsider authorizing the General Manager to enter into a sublease
APPROVED
with the TransbayJoint PowersAuthority (TJPA)for the use of the BusStorageFacility(BSF)(Report17-079). SeniorTransportation PlannerLinda Morris presented the staff report.
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April 12, 2017
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Director Peeplescommented that he was disturbed about the prospect I ofjbandoning the Temporary Terminal before the BSFwas built, but I acquiescedbased on the General Manager's recommendation. He I requestedthat staff stayon top of the TJPAand the contractor to make I sure the BSFwas built and in enough time for the Training Department and operators to receive adequate training on accessingthe facility.
Director Harper thanked staff for their work on the project. He acknowledged the General Counsel's concerns about Section 6.9 of the
contract (Termination if Required Construction Proves EconomicallyI nfeasible), noting that TJPAstaff was willing to take this section out of I the contract and would present the contract to the TJPABoard without it
MOTION:WALLACE/YOUNG to authorize the GeneraIManager to enter into a subleasewith the TransbayJoint PowersAuthority for the use of the BusStorage Facility. The motion carried by the following vote: AYES:7:Wallace, Young, Harper, Williams, Davis, Peeples, Ortiz 6E
Consider receiving a report on the alternatives to manage and operate the Dumbarton Express Service Consortium Contract. including consideration to exercise the second of five one-year
APPROVEDW/ MODIFICATIONS
options with MV Transportationto continue service under the existing contract(Report 11-256d).
Dumbarton ExpressAdministrator Howard Der presented the staff
PresidentOrtiz asked what freedom the Board had in determining whether to exercise a one-year option when it appeared that the Dumbarton Bridge RegionalOperations Consortium (DBROC)had already voted to continue it. Director of Service Development and Planning Robert del Rosario clarified that the DBROCconsisted of technical staff and did not have the authority to exercise a contract option. He addedthat staff could return to the DBROCand askthem to I look at other options if there was a desire by the Board to do that. He I addedthat staff had until December31, 2017 to look at other options.
PresidentOrtiz reported that the Mayor of Union City had made a proposal to have Union City administer the contract since it is more I impacted by the flow of traffic across the Dumbarton bridge. GeneralManager Michael Hursh suggestedthat the Board direct staff I to engagethe DBROCabout this idea and develop a framework to I transfer management of the contract from AC Transit to Union City. He reminded the Board that AC Transit is compensated for the staff time I Alameda-Contra CostaTransitDistrict
April 12,2017
Pain
A nf Q
involvedin managingthe contract. He recommendedthat the BoardI extendthe contractfor oneyear while staff workswith the DBROC to explore the Union City option.
Director Peeples questioned Union City's ability to effectively manage the contract because they had no vested interest in the service and did not pay into the consortium. Mr. del Rosarioacknowledgedthat staff on the DBROChad not heard about Union City's interest and clarified
that no one was payinginto the consortiumbecausethe serviceis I funded by Regional Measure 2
Director Williams inquired about the farebox recovery ratio I requirements to receive continued funding. Mr. del Rosario advised that the requirement was 20%and if this requirement was not met, the
MetropolitanTransportationCommissionwould allow one year to either increasethe farebox revenue or cut costs. He advisedthat ridership on the Dumbarton Express (DBX) was trending downward, similar to the rest of the District's bus service. Director Harper felt the Union City option was worth investigating. The General Manager advised that is was not a simple solution and would
involvesignificant staff time to identify all the issuesand formulate a recommendation. PublicComment: Yvonne Williams, President of ATU Local 192, commented that ATU
wasopposedto contractingout work that the unionshouldbe doing. Shefelt that with the reopeningof Division 3, there was more capacity at Division 6 to store the buses needed to provide the DBX service. The
union was opposed to an extension of the existing contract and requestedthat all options that would enable AC Transit to provide the servicebe explored. Director Young felt there were advantages to being the administrator I
of the contract that gave ACTransit some power over the servicethat other agenciesdid not have. MOTION:YOUNG/HARPER approve staff's recommendation to exercise
the secondof five one-yearoptionswith MV Transportation to continue service under the existing contract and to explore the Union Cityalternative. The motion carried by the following vote: AYES:7:Young, Harper, Williams, Davis, Peeples, Wallace, Ortiz
Operations Items:
6F. I Consideradoption of Resolution No. 17-014 approving Board Policy
ADOPTED
223 - Tuition Assistance Policy(Report 17-051). Alameda Contra CostaTransit District
April 12, 2017
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There was no presentation of the staff report
MOTION: WILLIAMS/YOUNG to adopt Bg$Qlyyon No. 17-014 approving Board Policy 223 - Tuition Assistance Policy. The motion carried by the following vote: AYES:7:Williams, Young, Harper, Davis, Peeples, Wallace, Ortiz 6G
Consider authorizing the General Manager to enter into an
APPROVED
agreement with Linde, LLC to upgrade and commercialize the Emeryville Public Hydrogen Fueling Station (Report 16-062a). There was no presentation of the staff report.
MOTION:YOUNG/PEEPLES to authorize the General Manager to enter into an agreement with Linde,LLCto upgrade and commercializethe Emeryville Public Hydrogen Fueling Station. The motion carried by the following vote: I AYES:7:Young, Peeples,Harper, Williams, Davis, Wallace, Ortiz 7
CLOSEDSESSION/REPORT OUT
NO REPORT
There was nothing to report out of closed session. 7A. I Conference with LegalCounsel -- Existing Litigation IGovernment Code Section 54956.9(a)) S/ms v ,4CTrans/t, Claim No. 2016-3072, CCCSCCase No. C17-00044 Freeman v .4C Trans/t, ACSCCaseNo. RG13683635, Claim No. 12-4459 7B
Conferencewith LegalCounsel- Potential Litigation IGovernment Code Section 54956.9(b)) (Two Cases)
7C.
Conferencewith Labor Negotiators (Government Code Section 54957.6): Agency Designated Representative: General Manager Employee Organizations: ATU Local 192, AFSCME Local 3916. IBEW Local 1245,
UnrepresentedEmployees
7D. I Public Employee Performance Evaluation IGovernment CodeSection 549571 Title: GeneraIManager, GeneralCounsel, District Secretary
8.
: AGENDAPLANNING
Director Peeples requested a report on all supplemental service.
including,but not limitedto, a comparisonof serviceto publicand private schools, a comparison of service to different school districts. and how service measuresup under the federalregulations.(President Ortiz concurred) Alameda-ContraCostaTransit District
April 12, 2017
Rapp R af Q
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GENERAL MANAGER'S REPORT
INFORMATION
The General Manager's report was presented for information only and is incorporated into the file by reference as Staff Report 17-149. 10
BOARD/STAFF COMMENTS Members of the Board commented on meetings and events attended sincethe last meeting
11.
ADJOURNMENT
ONLY
There being no further business to come before the Board of Directors. the meeting was adjourned at 7:0]. p.m. The next meeting of the Board of Directors is scheduled for Wednesday, Apri126, 2017 at 5:00 p.m
Respectfullysubmitted
LindaA. Nemeroff District Secretary
Alameda-ContraCostaTransit District
April 12, 2017
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